Posted on 03/08/2005 10:51:23 PM PST by newzjunkey
8:10 p.m. March 8, 2005
SAN DIEGO – The San Diego City Council on Tuesday rejected a plan to transfer the property atop Mount Soledad, including its 43-foot-tall cross, to the federal government to be designated a national veterans memorial.
The panel voted 5-3 not to transfer the property to the National Parks Service, a last-ditch effort proposed by two San Diego congressmen to stop the removal of the cross from Mount Soledad.
Advertisement The cross was ordered moved after federal judges twice declared the sale of the city land to the Mount Soledad Memorial Association unconstitutional because it favored one group over another.
The association maintains the site and more than 1,600 black granite plaques and hundreds of brick pavers at the site honoring veterans.
Atheist Philip Paulson sued the city in 1989, claiming the presence of the cross on city property violates separation of church and state provisions in the U.S. and state constitutions.
"For us to transfer our cross from city ownership to federal ownership leaves us in the same constitutional position," Councilman Scott Peters said, after making the motion to oppose the transfer.
San Diego voters rejected Proposition K in November, which would have allowed the city to resell the land to the highest bidder, keeping the cross on the site and ending the 15-year legal challenge.
"I think we should respect the will of the voters," Councilwoman Toni Atkins argued.
President Bush signed a spending bill in December that included language to name the Mount Soledad cross a national veterans memorial. Reps. Duncan Hunter, R-El Cajon, and Randy "Duke" Cunningham, R-Escondido, tacked the designation onto the spending bill.
Council members Brian Maienschein, Jim Madaffer and Mayor Dick Murphy supported the proposal to transfer the land. Councilman Tony Young is away on city business and was excused from the meeting.
"The Mount Soledad Memorial cross is a very important historic symbol that honors the military veterans in our community," Murphy said. "This City Council needs to explore every opportunity, it needs to exhaust every possible effort to preserve the cross on Mount Soledad," he said.
City Attorney Micheal Aguirre issued a legal opinion last week stating that the donation of the property to the federal government would be for a "religious purpose" and therefore would violate the state constitution.
"Further, based on current case law, such a transaction would also violate the federal Constitution and, in all likelihood, provide fodder for additional legal proceedings against the city," Aguirre stated.
James McElroy, an attorney for Paulson, called the proposed land giveaway an "unconstitutional aid to religion," that will lead to further litigation.
"It doesn't matter what you call it, it's a huge religious symbol and it's on city property," he said. "That's unconstitutional."
The six-hour debate drew huge crowds to Golden Hall. Hundreds turned out to express their opinion on the fate of the cross – the majority speaking in favor of keeping it where it is.
"The cross atop Mount Soledad has stood in some form for 90 years," said Joshua Gross, executive director of Adam Smith of California. "We've grown up with that cross looming over our horizon, and frankly we like it that way."
Others argued that the cross is not only a religious icon, but also holds significance as a memorial to San Diego's veterans.
"The cross on Mount Soledad is a monument as much as it is a religious symbol," Shelly Smith told the council.
Bill Kellogg, president of the Mount Soledad Memorial Association, argued against the transfer to the federal parks system because their rules would prohibit the sale of the memorial plaques.
"It would be extremely difficult to operate the memorial under their jurisdiction," he told the council.
The panel's decision will likely lead to the cross' removal from Mount Soledad. Several area churches have offered to take it.
The concrete cross is TOO TALL to be moved to any of the proposted church locations. That would violate height ordinance.
Embattled Mayor Dick Murphy (R), Brian Maienchein (R) and Jim Madaffer (R) voted to transfer the cross to the Feds.
Scott Peters, Michael Zucchet (under indictment), Toni Atkins, Tony Young (ABSENT), Donna Frye (surfer chick), Ralph Inzunza (under indictment) all voted to toss this four decade old Korean War memorial.
"violates separation of church and state provisions in the U.S. and state constitutions."
There are no such provisions - this is just outrageous.
And .. if they're so determined to move the cross to some church property - why on earth can't the city remove the height restriction for the cross ..?? I don't understand that.
We need to recall the entire city council.
I was just imagining last night that such special consideration on height restriction might be challenged on a similar basis as the cross itself!
Well .. I have come to realize that all the "moderates" running the city govt are just too chicken to fight this thing.
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