Boy Scouts' use of Balboa Park land ruled unconstitutional

San Diego Union-Tribune ^ | 7/31/03 | Ray Huard

[lowbridge]

Boy Scouts' use of Balboa Park land ruled unconstitutional

Judge says use violates separation of church and state
By Ray Huard
UNION-TRIBUNE STAFF WRITER
2:29 p.m., July 31, 2003

The Boy Scouts' lease of public land in San Diego's Balboa Park is unconstitutional, a federal judge decided in a ruling released Thursday.

U.S. District Judge Napoleon Jones Jr. said the Scouts' lease of the 18-acre Camp Balboa in Balboa Park violates provisions in the U.S. and state constitutions governing the separation of church and state.

Jones said the Boy Scouts are a religious organization because the Scouts require members to profess a belief in God.

The American Civil Liberties Union sued over the lease in August 2000 on behalf of a lesbian couple and an agnostic couple and their son.

Deputy City Attorney John Mullen issued a statement that said "the City Attorney's Office will analyze the decision and seek direction from the City Council."

The council will review the ruling in a closed session Tuesday, Mullen said.

A lawyer for the ACLU, Jordan Budd, said the council should cancel its lease with the Scouts unless the Scouts change their policies against admitting homosexuals and requiring members to express a belief in God.

"We believe it is long past time for the City Council to end its affiliation with this discriminatory organization and to keep open this public parkland for the use of all citizens of San Diego on a fair and equal basis and not just those citizens preferred by the Boy Scouts," Budd said.

The Boy Scouts have a 50-year, $1-a-year lease that is due to expire in 2007. The City Council in December renewed the lease at the Scouts' request for 25 years, with a city option to extend the lease an additional 15 years.

Under terms of the lease, the Scouts must spend $1.7 million over the next seven years to upgrade Camp Balboa. The Scouts also are required to pay the city an annual administrative fee initially set at $2,500.

In a press release, the Desert Pacific Council of the Boy Scouts of America expressed disappointment with the judge's ruling.

The council used its own money to construct and maintain Camp Balboa, according to the release, building nine camp sites, bringing water and power to the property, and building a swimming pool, parking lot, restroom and showers, meeting rooms, and a residence and office for a camp ranger.

[onyx]

I saw this last night soon after its posting and I was too disgusted then to post and I'm even madder this morning!

Do you know Nap? I know people who know him, but I don't personally know him, although we went to the same high school, he was several years ahead of me.

Nonetheless, he's turned into quite the democrat-judicial-activist, hasn't he? I remember folks telling me that he used to give his old classmates the benefit of the doubt when he was a muni judge. My, but power seems to have gone to his head!

I can hardly wait to hear what all Roger Hedgecock will have to say today! Shame on Nap, he KNOWS better, but apparently he's beholden to his party and their pro-homo-anti-Boy Scout agenda!

[stands2reason]

ROFL!!!!

[stands2reason]

LOL!!!

[stands2reason]

So, you don't even have to be a lawyer to be a (Dem.) judge?

[F16Fighter]

Shouldn't this be regarding as a REVERSE 'HATE-CRIME'??

[F16Fighter]

"Bush really disappointed me when he didn't follow through on his campaign promise to suspend the Constitution and remove liberal judges from the federal bench by fiat."

BUMP

[dennisw]

I'm sure he has law degree. That's just his bio at college.

[Stone Mountain]

Scouts are of all religions backgrounds, beliefs and enthnicity....

Actually no. Athiests and agnostics are not allowed to join. They may have all religious backgrounds, but clearly not all beliefs...

[Quix]

WHAT UNMITIGATED MALE BOVINE PROCESSED ORGANIC MATTER FRISBEES . . .

WET.

And we have let this intimidation and upside down gerrymanding horse biscuits go on for decades!

And all the demons in hell laugh uproariously at the thought of it.

God have mercy on our idiotic culture.

[nevergore]

Atheist have no beliefs....

Agnostics belief in a higher being of sorts...they just do not associate with a religion, well, possibly science....

Agnostics would be welcome....

Antheists not (since they do not have a belief)

As stated, BSA welcomes all beliefs....

You could worship an inkblot on the wall of Rosie's Diner because you think it looks like Elvis and has divine properties....you would be welcome...

NeverGore

[MattGarrett]

Next Stop, the Supreme Court and VICTORY.

[Umanbean]

Five years ago, my husband, very young looking 12 year old son and myself went for dinner at a Thai restaurant in Hillcrest. Walking back to the truck, we passed a group of 5 young "men". They were openly admiring our gangly kid and commenting to each other. We haven't spent another minute or dollar in the Hillcrest area since then.

[Libertina]

sued over the lease in August 2000 on behalf of a lesbian couple and an agnostic couple and their son
2 activist lesbos, 2 god-less liberals = 1000s of Boy Scouts hurt. Truly Orwellian. And democrat-like.

[Redcloak]

Is he any relation to Velvet Jones?

[Scenic Sounds]

The Boy Scouts have a 50-year, $1-a-year lease that is due to expire in 2007. The City Council in December renewed the lease at the Scouts' request for 25 years, with a city option to extend the lease an additional 15 years.

Under terms of the lease, the Scouts must spend $1.7 million over the next seven years to upgrade Camp Balboa. The Scouts also are required to pay the city an annual administrative fee initially set at $2,500

It sounds to me like the Boy Scouts have had a pretty good deal, although maybe not as good a deal as the Chargers. ;-)

[from occupied ga]

Next Stop, the Supreme Court and VICTORY.

Yes, but victory for whom?

[Stone Mountain]

Atheist have no beliefs....

This clearly isn't true. Athiests believe that there is no compelling evidence of God. That is a belief. You may agree or disagree with it, but to not call it a belief is nonsensical.

Agnostics belief in a higher being of sorts...they just do not associate with a religion, well, possibly science....

This isn't true either. Agnostics believe in the POSSIBILITY of a higher being of sorts. More specifically, they believe that man can never know for sure whether or not there is a God, so they consider the question moot. My understanding is that unless one affirms a belief in God (which neither athiests nor agnostics do), they aren't allowed in the Scouts.

As stated, BSA welcomes all beliefs....

This just isn't true. Even the BSA says as much.

You could worship an inkblot on the wall of Rosie's Diner because you think it looks like Elvis and has divine properties....you would be welcome...

Perhaps, but not if you are an athiest or an agnostic.

[GSWarrior]

Yep, now that land can be used for anonymous sexual hookups, homeless encampments and trash dumping. But at least those intolerant Boy Scouts are gone.

[Stone Mountain]

Paging RonF! As the resident scout expert here, can you confirm that I'm right?

[RJayneJ]

Thanks for the nomination! };^D )