Posted on 05/03/2006 1:37:30 PM PDT by radar101
federal judge on Wednesday ordered the removal of the Mount Soledad cross from property owned by the city of San Diego within 90 days or he will fine the city $5,000 a day. “It is now time, and perhaps long overdue, for this court to enforce its initial permanent injunction forbidding the presence of the Mount Soledad cross on city property,” said U.S. District Judge Gordon Thompson.
Thompson first found the presence of the cross on city property unconstitutional in 1991 because it violated the separation of church and state.
Since then, his order, and the issue of the cross, has been subject to more than a decade of litigation, public debates and, in recent years, two public votes.
The lawyer who fought for the removal of the cross said he expects city officials to comply with the judge's order and have it removed.
“I don't think the city has its heart in taking more action,” attorney James McElroy said.
City officials were not immediately available for comment, but during an hour-long court hearing, a lawyer for the city said that people had voted for transfer of the land under the cross to the federal government.
That transfer, which a Superior Court judge found unconstitutional, is now on appeal, said Deputy City Attorney David Karlin. He said legal papers are due by the end of the month.
Litigation over the cross is probably not over.
A group formed last year to ask voters to approve transferring the property to the federal government is looking at the possibility of appealing Thompson's decision.
Philip Paulson, the man who sued back in 1989 for removal of the cross, declined comment after Wednesday's ruling, saying he would let his lawyer speak for him.
The concrete, 29-foot cross has stood on its La Jolla hill since 1954,though the first cross was built there in 1913.
I think the people of San Diego should remove the liberal judge.
We need to further define the separation of chuch and state.
When will San Diego be changing the name to Diego?
Gordon Thompson is a Nixon appointee.
I hope the legal action can continue and eventually go to the Supreme Court. With Alito and Roberts now there, there is probably a 5 to 4 majority there which would allow the cross to stay.
San Diego means Saint James. That's who it's named after. Screw the ACLU. Damn athiest commies
We need to either further define the separation of church and state or eliminate it.
good one
WOW!
What a beautiful cross......
75% of San Diego voters approved of transferring the cross and the land, but another pig of a judge said that was unconstitutional.
Here's the earlier article on that:
http://www.voiceofsandiego.org/site/pp.asp?c=euLTJbMUKvH&b=1101195
How can this judge say that he will fine the city $5000 a day???? How can he do that before all legal appeals are exhausted???? This can go to the Supreme Court, don't know if it will, but it can still go through the federal courts and up to the top.
They should just attach a couple pieces of rubber doggie-doo to the base and call it art.
Crucify the judge?
Does anyone know if there is any private land close to this location? If so we could buy it and build a cross twice this size on private land. If the current cross is ever taken down, we could place a memorial plaque that states "this is where the United States became godless".
....... To see ALL the names, go to: http://images.google.com/imgres?imgurl=http://www.soledadmemorial.com/images/aboutimage_02.jpg&imgrefurl=http://www.soledadmemorial.com/memorial.html&h=81&w=179&sz=24&tbnid=djr32grKZF3sdM:&tbnh=42&tbnw=95&hl=en&start=8&prev=/images%3Fq%3DSoledad%2BWar%2BMemorial%252BSan%2BDiego%26svnum%3D10%26hl%3Den%26lr%3D%26sa%3DN
Roger Hedgecock will be very happy about this - - it will give him something to complain about again!
WOW!
I did not know that!
What a crying shame....
insane to try and take it down... INSANE!
Separation of Judge from Brain
What don't they challenge him to try and enforce his decision?
And kill him (in self defense) when he tries.
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