Berkeley Marina (11-25) 16:32 PST SAN FRANCISCO (AP) -- A group affiliated with the Boy Scouts of America lost its legal bid Monday to continue to get free berthing at Berkeley Marina. The city of Berkeley halted free berthing for the Sea Scouts in 1998 because of the scout's membership and leadership policies against gays. The scouts sued Berkeley and the San Francisco-based 1st District Court of Appeal said the scouts did not have a case. Berkeley has provided free berthing for about six decades after the scouts permitted Berkeley to use rocks from a Boy Scout camp for fill in the marina. The city stopped free access after it passed a 1997 ordinance forbidding the city from subsidizing groups that discriminate. The scouts maintained that Berkeley's move, among other things, infringed on their free association rights and their rights of speech. The court said the scouts, regardless of whether they get free berthing, can continue, under the First Amendment, to discriminate against gays. That notion has been upheld by the U.S. Supreme Court. "Berkeley's actions have not required appellants to stop discriminating," the court said. The appeals panel said Berkeley, in turn, is not discriminating against the scouts. The court said Berkeley is allowing the scouts to berth at the city marina, but is now charging $516 per month. The case is Evans v. Berkeley, A097187. Please place in the Subject Line: WEBPAGE-HISTORY 
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