It appears as though they are contending that the damage is already done...and cannot be un-done. That seems to be the primary purpose of the examples cited in the complaint, and might well be the basis for the award of damages. Certainty, the dollar amount of damages will be difficult to quantify, and will end up being a negotiated number, poddibly based on an alleged decrease in GSUSA registrations balanced against the some 68,000 girls that entered Cubs and will ostensibly graduate to the program in question. The requested treble damages looms large.
The whole thing has the feeling of being less than fully considered, and while "dying on the hill" is probably a little dramatic, this could (will??) have a detrimental impact on the program.
We had a real good discussion in our Troop Committee last night on how to handle the high probability of having a linked non-male troop. I came down to the consensus that we are willing to share pretty much everything except that we draw the line at shared/joint overnight events. The overriding fear (yup, fear) is that the overall goal of YP, namely never allowing a circumstance to occur where abuse could occur (or an accusation is implausible), cannot be sustained in the "me-too" era. The feeling is there is just too much risk to make it worth it. I know, there are lots of anecdotal tales from Venturing leaders that it can be, and has been, done, but it is not what we signed up for as leaders of a traditional troop. The girls and their leaders gotta do this on their own.