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.

[lowbridge]

You can't have boy scouts on public land, but you can fund a school for 100 gay students. Hmm.

Exactly.

[vaudine]

"When we got organized as a country...we wrote a fairly radical (US) Constitution with a radical Bill of Rights, giving a radical amount of individual freedom to Americans...so a lot of people say there's too much personal freedom...When personal freedom's being abused, you have to move to limit it."--Bill Clinton,April 19, 1994 TV appearance. Quoted in "You Don't Say"(Sometimes liberals show their true colors),by Fred Gielow.

So Billy Boy appointed judges to take away our radical personal freedoms, or should I say judges to choose who is worthy of personal freedoms--i.e. SD homosexuals. The BSA are obviously not worthy.

vaudine

[Orlando]

We are in a civil war, and they (the Demons)Rats are winning via courts and law schools, and US Senate...

The War on Fathers/Men/Boys, Family and GOD continues.....
ps..the military,police,marriage....Did I say God

the suicide of fathers and boys body count is growing fast...it's almost "Broken Arrow".

vet out

[vaudine]

Here are a couple of quotes from "elite" beureaucrats and educators on religion and raising our children, quoted from "You Don't Say" by Fred Gielow.

"Each child belongs to the state."--Wm.Seawell,Prof.of Ed at U of VA.

"We really don't know how to raise children.If we want to talk about equality of opportunity for children, then the fact that children are raised in families means there's no equality....we must take them away from families and communally raise them."--Dr. Mary J. Bane,Prof. of public policy,Kennedy Sch.of Govt,Harvard. Former Clinton Admin Asst Sec of Admin for children and families at HHS.

"Every child who believes in God is mentally ill."--Dr. Paul Brandwein,leading US child psychologist.

"Fundamental,Bible-believing people do not have the right to indoctrinate their children in their religious beliefs because we,the state,are preparing them for the year 2000,when America will be part of a one-world global society and their children will not fit in."--Peter Hoagland, US Repr.(D-Nebr.1983 radio statement.)This Repr. served 3 or 4 terms in the House from Nebr.-heart of middle Am.Is it not scarey that people like this can end in our govt.?

With people like this--in positions of power with their global, anti-family,anti-God,UN and state control mentality,it is no wonder we get the court rulings we get.

My question--why aren't some of these statements used in campaign ads and used to block liberal nominations to the court. The Pubbies better wake up and grow a spine. And we, the people, better wake up and get involved in opposition the way the homos and minorities have been involved.

vaudine

[Proud Legions]

Having been involved with Scouting for many years, it is obvious to me that you have little experience with the organization. So sad that you write about something of which you know so little. The Scouts ALWAYS improve any of the land or facilites that they are permitted to use, and do so for the public use/public good...and through donations and lots of hard work, rather than your tax dollar. There are provate organizations all over that use public facilites, and without having to bid for them. For instance, many public schools in CA have Gay/Lesbian Clubs, and you cannot join UNLESS you prefess a belief that there is nothing abnormal nor morally wrong with homosexuality. Hmmm...

[friendly]

No law degree?

Who needs the law when you are a Rat?

[INSENSITIVE GUY]

This is clearly an abuse of power by another crackpot,religion hating,blackrobed thief!Unfit to sit on the bench.The great American Boy Scouts have every right to use that land because their parents are taxpayers.

[nevergore]

Wrong yet again, on all three issues.....

BSA policy welcomes all beliefs....Atheism is not a belief but the lack of one.....

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

Gee...making up quotes and attributing them to BSA....

Are you a member? Guess not...I'm a Scoutmaster and the training I received in this area is just as I stated....What are your credentials?

NeverGore

[ridesthemiles]

Too bad I only own 5 acres. When I win the Lottery and can find a larger ranch, I promise to set aside acreage the BSA can use to replace this camp. I DO NOT promise it will be in a city/urban setting. Most likely a far way from "civilization", but the price of the land lease will be appropriate.

[RonF]

I don't think so. This is talking about an organization's requirements *and* (maybe more importantly) the "sweetheart" deal this lease represents. The Scouts aren't paying fair market value, didn't have to compete for the lease or anything.

Not true. You discount both the already extensive improvements the Council has made on the land; the additional improvements that they had pledged to make to the land; the fact that the BSA represents a large fraction of the public; and the fact that other non-BSA members of the public would have access tot he property and facilities.

[RonF]

"Welcome to Amerika, Christian bastards not welcome."

What's this got to do with Christians? All religions, and numerous non-religous sponsors, all belong to the BSA and sponsor units. I've had a Hindu kid in my unit. I've been to dinner at a Buddhist temple with their Troop. There's Jewish Troops that go to the Jamboree together so that they can observe their dietary and other religous laws. Not to mention that only the LDS consdiders the LDS Christian. The BSA is not a Christian organization.

[Myrddin]

Mataguay and the camps in the Cuyamaca area are satisfactory alternatives, but they are a very long drive. It isn't practical to schedule lifesaving merit badge classes at those locations unless you plan to camp there for a whole week. There is also a specialty shop at the camp that stocks all the badges and insignia for uniforms. That will need to be replaced in some fashion.

I rode my bicycle from Chula Vista to places as far away as San Vicente reservoir in search of merit badge counselors. It's going to be difficult to find an alternative facility for the swimming related badges.

I miss listening to Roger Hedgecock in the afternoons. I'll bet he is pretty fired up on the issue by now.

[snooker]

Schumer probably voted for him

[Myrddin]

Fair is fair. I want to see some accounting for all the taxpayer money that is subsidizing gay and lesbian activities. Are they paying fair market value? Why is the city involved in hospice programs? The gays and lesbians can't have it both ways.

[AlexW]

"It sounds to me like the Boy Scouts have had a pretty good deal"

What is so good about it???
They built the park, they have to pay out another 1.7 mill, and $2500 per year.

[b9]

Mataguay survived a scandal a few years back
that so reinforces the need for the Boy Scouts to take a strong stand against the predatory nature of the gay agenda.

One of the adult male leaders was inviting counselors up to his cabin at night and one of the boys finally talked. Our good friend was a counselor there at the time (not one of those boys) and couldn't have been more shocked.
He'd known, and trusted, that leader for years.
The leader was duly prosecuted and
parents rallied behind Mataguay.
It's a wonderful camp, and the situation was handled with great dignity.

[Old Sarge]

CA liberals have declared a Jihad against the BSA.

Not a Jihad, FRiend, but a fatwah. And it comes from the DNC Itself.

ALL patriotism, and their symbols, must be eradicated - this is right out of the Socialist playbook. The Pledge has been attacked, so has a youth organization that professes the Creator:

"On my honor, I will do my best to do my duty to God and my country..."

THAT is the damning phrase, according to Socialism.

[Joe Boucher]

Correct, though it is the morals oath of the B.S.A. that the dims and united way oppose.

[Scenic Sounds]

What is so good about it???

Probably the best way to measure that will be the fight that is made to keep it. ;-)

[Bloody Sam Roberts]

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.

Send this judge packing to a re-education camp immediately.

There are no provisions in the Constitution of The United Staes for separation of church and State.

1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;...

That's it. How is this applicable to the above case other than to say the judge prohibited the free exercise of the religion chosen by the BSA?