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.

[Kuksool]

{The left-wing assault on the Boy Scouts should be used as a political issue to damage the Democrat party. It's a case where Democrats are taking direction from extreme elements of their party against common sense and against a group, the Boy Scouts...Is there anything crueler than a band of hate-mongering left-wing lawyers trying to make life difficult for some well-meaning kids?}

Well stated. Last year, Sen. Saxby Chambliss beat Max Cleland over the head with this issue. Cleland the so-called "war hero", rightfully lost. If the RATS attempt to brand the Pubbies as "homophobic" for opposing gay marriage, we should highlight how the RATS hate the Boy Scouts.

[TankerKC]

With all of the scumbags that hang out in Balboa park, maybe the scouts are better off moving. Let them relocate at MCRD.

[Skooz]

Thank you for that post. It just laughed out loud here in my cubicle. Glad I didn't have a mouthful of coffee.

[Conservativegreatgrandma]

Wait just a cotton-pickin minute here. Here in Iowa we have the Corps of Engineers leasing a camp to a bunch of Muslims.

The ICLU has been begged to get involved but they don't see a problem.

Liars and hypocrits!!!

[O.C. - Old Cracker]

I have no problem with this slap down. I don't particularly care for the BSOA program nor this sort of gov't welfare or wink-wink endorsement of a particular set of faith-based values which are imposed upon the membership and the staff: must believe in God, must not be homosexual, etc.

Sounds like someone with a heavy burden and an axe to grind against his/her Creator.

[Hildy]

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

[just mimi]

Judge Jones...was inspired to become a lawyer after observing and experiencing many injustices. Based on those experiences, he was motivated to seek out a profession where he could help others and pursue justice. Judge Jones believes that the greatest benefit of being a judge is creating an atmosphere where justice can be pursued.

His motivations aren't in question, they are boldly stated in his bio and in his ruling. He wants to use his power to seek his kind of justice. The retroactive, payback kind of justice.

[SpinyNorman]

One more thing, if its truly a religious organization the scout masters should now be able to have a tax free housing allowance and the dues payments by individual scouts should be a charitable deduction.

A most excellent point.

Now, Napoleon, the Congress has a chaplain and opens with a prayer do they not? Bill Clinton was quick to rush to the local 'hood black church whenever he got caught with his hand in the till, so to speak.

So, by your logic, are the Congress and Bill Clinton unconstitutional?

I am sorry, but Nappy Jones is a damn fool, and is not looking like a role model for black judicial candidates.

[Kuksool]

The ACLU believes in a separation of Church & State, but not in a separation of Mosque and State.

[Skooz]

we should highlight how the RATS hate the Boy Scouts.

What are you talking about? They didn't boo them at the Democratic convention or anything like that.

[Iconoclast2]

If the Teamsters were involved, they'd be driving tractor-trailers around the Judge's block 24/7 until he changed his opinion.

[CounterCounterCulture]

(Judge Jones) advises those aspiring to be lawyers or judges to be prepared "to work for it." In particular, Judge Jones emphasizes the importance of developing reading, writing and comprehension skills.
Such sage advice. If you want to be a Judge you need to learn to read and write. Who would have thunk it?

Welllllll, he said it was important, not mandatory. Still an out for the affirmative-action folk.

[Kuksool]

{They didn't boo them at the Democratic convention or anything like that.}

LOL! At the 2000 Democratic Convention, the CA delegates booed the Boy Scouts with great glee. Now a CA Judge rules against the BSA. CA liberals have declared a Jihad against the BSA.

[Rummyfan]

No law degree?

[skinkinthegrass]

In 1994, he was appointed by President Clinton to the United States District Court for the Southern District of California.

...An Cl*nton s%*t...no wonder.

[skinkinthegrass]

your prime DU material...think,slap,think,slap,slap,think.

[Jimbaugh]

The war is about to start.

[arasina]

Aren't members of NAMBLA "boy scouts?"

[avg_freeper]

The California highway system is a benefit paid for by the citizens of California and managed by the state. Based on this decision shouldn't they have to keep any one with a religious belief off the highways?

Taken to it's natural conclusion I would think that people of any faith would need to be evicted from the state of California or at least put in to concentration camps where they can been reeducated.

No, I'm not being facetious. That must be the result of these types of rulings. Either members of a religion can use public resources or they can’t. There is no middle ground.

It seems to me that California has decided to delineate between accepted and disapproved groups as far as whether or not they can use public resources. Which in it’s self is reasonable. The state should be able to discourage those activities that are widely believed to be profane. Spatula manufacture conventions and Frisbee golf patrons are allowed to use public land but NAMBLA is not, for instance.

But the state, in this ruling, is clearly asserting that the belief in a religion is to be publicly discouraged.

If I lived in California I would be outraged. horse-pucky - I’m outraged anyway.

(I’m not saying that Frisbee golf isn’t profane)

[ZULU]

Judge NAPOLEAN Jones??? Judge NAPOLEAN Jones????


HAAAHAAAAHAAAAA!!!

Once again, liberal local courts are exercising judicial nullification of statutes and Federal Court decisions with which they disagee. I guess Judge NAPOLEAN Jones disapproves of weeding ceromonies in Balboa Park, performed by a Clergyman.

My guess is NAPOLEAN Jones is part of the Lavender Mafia, or one of their sympathizers. The overwhelming majority of normal Americans have really degenerated into a mass of gutless wimps to allow this kind of outrage and take this kind of bull sitting down.