Pahleese. I am not even going to get started on such liberal groups and how they are trying to demoralize our country but I would like to add this question:
Our schools also serve as community centers. People rent out the gyms and cafeterias for birthdays, reunions, and benefits. Some have gospel singing. So is that going to want to make the ACLU sue us? How is it what their business?
My understanding is if you have your own 501(c)3 that you are a seperate entity of the school. But knowing this group they will find whatever loopholes they can.
In our area all of the Cub Scouts and Boy Scouts meet in the local public schools. This has not been a problem at all since the schools don't charter the groups but just provide a space for the groups to meet. Any organization can apply to meet in the public schools - religious or not. We have local churches that don't have buildings - they just meet at a school. The ACLU does not seem to have a problem with that here (they are suing the city since it provides the lease for the land the council office sits on). It would be tough for them to win a case since the meeting space is available to anyone as long as they apply and follow the rules.
The tricky part for you is if your group does charter the scout pack or troop. Has the ACLU threatened to sue your school district at all? They don't just show up out of nowhere and decided to sue. Usually a parent or community member makes a big stink first.
I personally would be open and honest and go to the principal at your school with your concerns. The principal can then contact your school district lawyers and see what they say about the issue. Get it in writing so the principal can't go back on the deal at a late time.
The ACLU has been after the Boy Scouts of America for awhile now. ACLU filed a case against the Boy Scout in which a US district Judge ruled that the Boy Scouts of America was a religious organization because they have God in their pledge. Now the ACLU has been suing any public school, or governmanetal agancy that supports or allows the Boy Scouts to hold their meetings at any public facility. A quick check on the internet will show many case filed by the ACLU regarding the Boy Scouts. If an organization such as a PTO becomes the Boy Scouts Charter Organizational Representative, the Boy scouts then have the same rights as any other community-based group to meet in school buildings. As President of our PTO it was the Boy Scout Council who called me to verified that the PTO was the Charter representative because of the ACLU relentless persue in this matter. At this point I'm concerned that our PTO is actually an entity of the school, and should the school find out about this mess they may refuse the Boy Scouts to hold meeting at the school. I'm looking to see if any PTO has experience any problems in this situation?