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.

[friendly]

Napoleon A. Jones, Jr. (THE PREDICTABLE BIOGRAPHY OF A MONSTER)

U.S. District Court Judge Napoleon Jones graduated in 1967 with a master's degree in Social Work. Five years before the Africana Studies Department was established, Jones founded and became the first president of SDSU's Black Student Council. Additionally, Jones was a member of Kappa Alpha Psi which was the first African-American fraternity. In 1994, he was appointed by President Clinton to the United States District Court for the Southern District of California.

[swilhelm73]

http://www.jtbf.org/article_iii_judges/jones_jr_n.htm

"Judge Jones was appointed to the United States District Court for the Southern District of California by President Clinton on September 15, 1994."

So he was appointed by Clinton when the Dems controlled the Senate too, and there was no check on far left judges being appointed.

I guess that pretty much explains this particular ruling.

[Jeff Chandler]

I can't wait until the Republicans control the White House and the Senate, then we might see some conservative appointments...oh, never mind.

[First Amendment]

That's it. I am so sick of these freaking demoniac wretches who hate God, His natural laws and anyone who is even attempting to offer a little respect to those laws. Who the hell does this stoopid judge think he is? What if a S&M leather transsexual atheist group wanted to use the park? Do you think the stoopid judge would let them? Two guesses.
Any ideas from anyone how to put righteous anger into useful action?
And to rub salt into it, in DC the Democraps "won't let" Bush's judicial nominees get voted on, or whatever the heck is going on. Don't the Republicans have spines? Or manly organs? What's going on there?

[b9]

This is such total bull.
The land in Balboa Park is mere blocks away from
looney Hillcrest where the gay agenda that prompted this travesty thrives.
They can't make 'inroads' into the Boy Scouts so they
just take the land away.
It's sickening.

[Lancey Howard]

LOL!!!
Democrat judges are funny, in a sick way.
How long until this corrupt simpleton's "ruling" is overturned?

[Lancey Howard]

I can't wait until the Republicans control the White House and the Senate, then we might see some conservative appointments...oh, never mind.

Right.
Conservative appointments are one thing, confirmations are another and with the scumbags filibustering conservative appointments, we need a Senate GOP supermajority.

This mouse, Napolean Jones, was of course appointed by William Scumbag Jefferson Blythe Clinton.

[Consort]

The Left-dominated courts are using religion as a weapon against ordinary citizens, in part, as retaliation for the recent removal/replacement of Bible Verses in the Grand Canyon, the Ten Commandments controversy in the Alabama Judicial Building and other judicial building in other states and in public squares, etc.

[Lijahsbubbe]

Isn't the Muslim youth camp (in Iowa, I believe) being built on federal land?

[ppaul]

BUMP

[JohnHuang2]

Check out #9 ;-)

[America's Resolve]

For me this sets the following precedent: if you profess a belief in (a) God, you are ineligible for any govt benefits.

Have I got this right?

hmmmmmm

Godspeed

[lewislynn]

Isn't the Muslim youth camp (in Iowa, I believe) being built on federal land?

Doesn't matter, they'll probably be performing the federal government approved constitutional act of sodomy there making it OK.

[EGPWS]

What if a S&M leather transsexual atheist group wanted to use the park? Do you think the stoopid judge would let them? Two guesses.

They would probably be blatent enough to dedicate a public school to them and discriminate against any others from attending! Oh, I'm sorry, thats New York.

[jwalsh07]

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.

Justice Jones violated the first amendment.

Justice Jones also violates the doctrine of separation of head and asshole.

[HitmanLV]

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

You know, I bet many many americans were thinking just the same thing....

[yankeedame]

U.S. District Court Judge Napoleon Jones

========================

Napoleon Jones?? Why does that immediately conjure up an image of an ante bellum house slave? You know, long time family retainer, touch of grey,...

"Now, Napoleon, when the guests arrive be sure and announce them formal like."
"Yes,'um. I knowed my duties."

Napoleon Jones. No wonder he's got that chip on his shoulder.

[farmfriend]

Member BSA bump.