New tack vs. upstate groups

Lawyers who filed nine sex abuse lawsuits Tuesday against three upstate Boy Scout councils say such cases are planned in every state to make sure local scout groups aren’t let off the hook while the national scouting organization is in bankruptcy proceedings.

The lawsuits were filed in Monroe, Broome and Oneida counties — where courts recently lifted coronavirus lockdowns — and allege abuse at the hands of various scout leaders decades ago.

Lawyer Michael Pfau, who represents plaintiffs in the abuse cases, said similar lawsuits will be brought in “literally in every single region of the state” and across the country as more courthouses open up.

“They can no longer continue with their head in the sand, ignoring the problem, deflecting the [Boy Scouts of America],” Pfau said of the local councils. “They are at the epicenter of this abuse crisis.”

The councils named in the lawsuits have since merged into three new organizations: the Leatherstocking Council, the Baden-Powell Council and the Seneca Waterways Council. An official of the Baden-Powell Council referred questions to the national scout organization. The other councils did not respond to requests for comment.

The Boy Scouts filed for Chapter 11 bankruptcy in February after decades of being crippled by sex abuse claims and declining membership.

In the bankruptcy filing, the organization requested its 261 local councils be protected from scrutiny because they were separate legal entities.

But the local councils hold a majority of the Scouts’ assets — reportedly about $3.3 billion — and critics have argued that they should be part of the bankruptcy settlement.

On Monday, Delaware Federal Bankruptcy Judge Laurie Selber Silverstein ordered that victims had until Nov. 16 to come forward with abuse claims against the national organization.

Pfau, who is based in Seattle, said that even though the national Boy Scouts organization is in bankruptcy, victims still have the right to sue the local councils in state courts.

“Just because the Boy Scouts have filed for bankruptcy, that does not mean [victims] don’t have legitimate cases and claims against the local councils and sponsoring organizations,” he said.

Pfau said the local councils could join the national bankruptcy case to stave off future state claims — but they would have to promise a “significant” amount of money to be accepted by the creditors’ committee.

The individual lawsuits will pressure on local councils to make a move, he said.

“Either way, they will be held accountable. They can’t hide in the shadows anymore,” Pfau said.

The Boy Scouts of America declined to comment on the specific lawsuits filed Tuesday but said “the BSA’s intention continues to be to use the Chapter 11 process to create a trust that will provide equitable compensation to survivors.”