John Laird: Red Cross, Scouts face silly lawsuits

Until last week, I never thought I’d come to the defense of the Boy Scouts of America. I dropped out of Scouts more than four decades ago, shortly after attaining Tenderfoot status and, in a totally unrelated incident, after setting a barn afire on a camping trip. I left the Scouts after learning that there were no merit badges for baseball cards, marbles or combustibles. Needless to say, the Scouts never summoned me for a testimonial on their behalf.

But a Portland court case has put the Scouts in a bind, and as a defender of underdogs, I must ride to their rescue. An unidentified 60-year-old man has sued the BSA and the Cascade Pacific Council, claiming he was sexually abused when he was a Scout. His claim might have more merit if the abuse had not occurred, by the man’s own contention, 50-plus years ago. Not to diminish the trauma he claims he felt, but it seems to me that,if you have a court case to file, you pretty much need to get it done sometime in the next half a century.

The man wants $3 million from the Portland Scout chapter and, the way all the legal eagles are flying these days, he might get it, or at least part of it. Paying people to shut up and go away – without even determining if what they say is true – has become a big part of the Great American Justice System.

The Portland Scouts are not the only legal underdogs I’ve run across lately. Another is the American Red Cross, which because of its unflinching service to mankind – while paying no attention to politics, religion or the deservedness of the afflicted whom it serves – has just about the highest reputation of any charity you can find. Simply stated, all types of people in all types of disasters are helped by the American Red Cross. All Americans should have nothing but respect and gratitude for this organization.

The lofty reputation of the American Red Cross, however, has not stopped health-products giant Johnson & Johnson from suing the group for – of all things – using the red cross symbol on products that the charity sells.

Like the Portland Boy Scouts story, this case has a long history. J&J began using the red cross as a trademark in 1887. The American Red Cross received its congressional charter in 1900. Until now, both groups compromised on the issue, making sure that neither entity victimized the other, proving all along that a big corporation and a big charity can successfully share a symbol.

But recently J&J got its nose out of joint when the American Red Cross started using the symbol on products that are sold. Red Cross officials make a pretty good case: Many of the products are components in health and safety kits, profits from sale of these products go to disaster-response efforts and the American Red Cross faces funding challenges that are typical of all charities.

I’m no lawyer, and I concede that J&J has a right to protect its own brand and reputation, but it seems to me that complaining that the American Red Cross uses the red cross – especially when you’ve condoned the practice for more than a century – and then dragging the revered disaster-relief charity off to court, is not exactly the most endearing public-relations strategy.

My third underdog of the week is Jason Bausher (an Eagle Scout, by the way), who among many endeavors is a wilderness travel guide and author of a “Best of the Olympic Peninsula” travel guide. When Bausher sought a trademark for that phrase, the U.S. Olympic Committee got all huffy, apparently oblivious to the fact that “Olympic” in this part of the world also is used in various forms such as Olympic National Park, Olympic National Forest and even the state capital, Olympia. So the USOC, empowered by the federal Olympic and Amateur Sports Act of 1978, is threatening to sue Bausher.

We shall see how – and if – the underdogs survive in these ridiculous legal cases. In the meantime, it should be clear why I’m no longer invited to very many Career Days. I’m more apt to urge the kids to become lawyers. There’s a bonanza waiting out there.