Ten years ago this month, the Cook County Board passed a law protecting residents from discrimination based on sexual orientation.
That law may face its toughest test in a hearing today of the real estate committee of the full Cook County Board. If a proposed bill passes the committee, it goes before the full Cook County board June 4.
Last week, that same bill almost passed the entire County Board—allowing the Boy Scouts exclusive use of a parcel of land for 25 years. But given the unprecedented exclusive use, as well as the Boy Scouts' own refusal to admit openly gay troop leaders, the measure was quickly pushed to committee.
It is believed that no other group or business has ever been given exclusive use of the public lands in Cook County. While agencies such as the Botanic Gardens have contracts for use, they are not for exclusive use of the land—all citizens must be allowed access.
In what has been described as a 'sweetheart deal' by opponents on the County Board, the Scouts would have exclusive use for 25 years in exchange for just $225,000 in repairs. And one Commissioner, Larry Suffredin, said his interpretation of the proposed contract includes that the Scouts even have the right to an additional 25- year renewal.
Those opposed to the exclusive land use deal may be caught in a Catch-22. They do not want to appear to be against the Boy Scouts, even if they oppose the land deal. Commissioner Mike Quigley and Suffredin both say Cook County law does not allow any outside group to have exclusive use of public lands.
Other County Commissioners told Windy City Times they are still considering what position to take.
Quigley, who spearheaded efforts to deny a contract to the anti-gay Salvation Army, is on the frontlines in the fight against giving the Boy Scouts this deal.
Quigley has his work cut out for him—Board President John Stroger tried to push the measure through last week before Commissioner John Daley and others convinced him to move it to committee. Even normally pro-gay Commissioner Roberto Maldonado favors the deal.
But several commissioners who spoke with Windy City Times did say they were concerned with both the exclusive land use deal, as well as the Scouts' clear violation of the county's Human Rights Ordinance. No one, even gay activists, says they are against the Boy Scouts using public lands just as any other groups, by getting permits for periodic usage. It is the exclusive 25-year deal that is under debate.
'Yes the U.S. Supreme Court decided in the Boy Scouts favor,' Quigley said. 'But they are acknowledging they discriminate.
We in Cook County do not tolerate discrimination. ... I would tell President Stroger 'you have been good on human rights, but on this issue you are wrong.' If the Supreme Court comes down against affirmative action, will Stroger eliminate the women and minority set-asides in Cook County?'
Quigley added that he of course supports programs for youth, but Stroger and others are 'confusing kids with the institution. I love to help kids ... but not the institution that teaches them that hate is OK. The last thing the government should do is foster that, and facilitate its expansion. A new generation of kids will think hate is OK, and that the County thinks it's OK.'
Commissioner Larry Suffredin, who recently won his first term with strong gay support, is one of the few suburban Commissioners who stated publicly they oppose the deal. Suffredin said he is against it not just because of the land use provision, but also because of the Scouts' anti-gay policies.
'I think on both grounds we should turn down this proposed lease agreement,' Suffredin said. 'There's probably even yet a third issue. We're giving, besides exclusivity, for $225,000, what becomes to a 50-year lease. It appears to be a 25-year lease with a 25-year renewal. We are basically giving away the land.'
Suffredin said his research shows no other such exclusive land use deal. He has found leases to the Chicago Botanic Gardens, the Zoological Association (The Brookfield Zoo), and the City of Glencoe for a golf course. But each of the deals comes with the requirement that they be kept open for any citizen.
'This would be unique, where a third party would absolutely control and access that part of the Forest Preserves,' Suffredin said.
I am not against individual groups of citizens being able to camp in the Forest Preserves. ... I am a former Boy Scout. ... This is an issue the Scouts have to confront. They have chosen to take protection behind the Supreme Court decision—but that does not mean that public entities have to deal with them. If they want special status, they need to comply with requirements of law. It seems to me if the Boy Scouts discriminated on a racial basis, there would be total outrage.'
Quigley said GLBT activists were very helpful in providing him with quick ammunition to fight the deal.
'The Cook County Human Rights Ordinance says that no one who contracts with Cook County shall discriminate in the provision of County facilities, services or programs,' said Lambda Legal attorney Pat Logue. The Boy Scouts 'discriminate in a particularly damaging way, by sending the message that gay men are not appropriate role models for youth. This is a county with a lot of gay parents, teachers, people who are foster parents, who are obviously excellent role models. To give a sweetheart deal to the Scouts is to violate their own law. I understand Scouting does some good things—people do want in to the Scouts, they are not trying to kill it.'
Logue also said many people believe local Boy Scout chapters can follow their own policies—but the leadership clarified this with a resolution saying all Scout chapters must follow the discriminatory lead of national headquarters.
Equality Illinois Political Director Rick Garcia sent a letter to Stroger and the other Commissioners expressing opposition to the Boy Scouts' deal.
'As a private organization, the Boy Scouts of America has the right to hold discriminatory and bigoted views and it has the right to promote those discriminatory and bigoted positions. But, it should not do it on public property and be underwritten by public entities. Let the Boy Scouts of America lease from a private individual or organization. The BSA should not be given or leased public property until it makes clear that it does not discriminate.
'Yes, Mr. President, the Boy Scouts of America has done many good things for our society and for individual boys and men. Nonetheless, BSA promotes, condones and encourages discrimination and bigotry. No amount of good works can allow us or should allow us to turn a blind eye to bigotry and unfairness. To make this deal with the BSA you send the clear message that the Cook County Human Rights Ordinance means nothing and that you believe it is acceptable for some people to discriminate against other people as long as the bigotry and discrimination are accompanied by good works.
'The question you must ask is this: Would you allow an organization that promotes and encourages discrimination based on race, ethnicity or religion to lease Cook County Forest Preserve land? Would you grant a special lease to an organization that forbids Catholics, Lithuanians, Asians or single unwed mothers?,' Garcia stated.
The letter ended by saying if the measure is passed, 'in the strongest, most visible and forceful way, [we will] protest this decision not only in public demonstrations but also in the courts.'
Commissioner Earlean Collins told WCT she is 'concerned' about both the anti-gay policy and the exclusivity.
Collins and Commissioner Peter Silvestri both favored sending the measure to committee for more discussion. Silvestri opposes the contract if indeed it is for exclusive use, and said he does not 'condone hatred or discrimination of any group.'
Commissioner Joan Murphy also said she opposes the Boy Scouts' gay ban, but said the bigger issue for her is the exclusive use of the land. Like Silvestri, Murphy seems to allow for more leeway on the Scouts' setting their own policies, but she opposes the actual land use provision of the contract.
Commissioner Jerry Butler, the only other commissioner to return calls made by Windy City Times to the full County board, said he is waiting until the hearings to decide what his vote will be.
Call (312) 603-6398 or (312) 603-6127.
