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.

[newzjunkey]

Bravo! Maybe I don't quite like the premise but the BSOA have been getting too much of a free ride from the City of San Diego on this land. It should've been put up for a *fair* bidding competion and wasn't.

At least this could end the "sweetheart" deal.

Realistically, I don't quite think this judgement will stand on the Church/State thing.

[djf]

God knows it could be put to better use by fags or atheists.

[newzjunkey]

"By Jone's "logic", anyone professing a belief in God can have their lease or contract with the federal government cancelled by the first court that they see."

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. It's just about what the judge has indicted it for: the rubberstamp of approve from a government body because of an organization "values" which require a profession of faith from its members.

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.

Government is of *ALL* the People, not just the Christian Right and their pet organizations. Sorry.

[djf]

You are absolutely correct. First of all, this is a matter of contract, not law. And unless the government can prove it had a better deal, someone else bidding more, then it is outright discrimination. Based on religion. The governement can neither be inclined to nor reject doing business with a group, unless that group advocates something illegal.

[djf]

Irrespective of what some idjits say.

[geros]

Napoleon Jones' parents were a strong influence in his life. His parents, who migrated from the south looking for a better life for their children, were God fearing people who did not believe in the word "can't." Judge Jones, who grew up in a predominately African-American community, 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.

Prior to attending law school, Jones was a social worker in Foster Home Placement and Child Protective Services. After graduating from law school in 1971, he worked for the California Rural Legal Assistance. Subsequently, he went into private practice. Judge Jones became the second African-American in San Diego County appointed to the State bench, and the second African-American judge appointed to the United States District Court for the Southern District of California.

Judge Jones believes that the greatest benefit of being a judge is creating an atmosphere where justice can be pursued. He 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. He also believes that patience and compassion are indispensable to justice.

Judge Jones is a member of numerous professional organizations including the California Judges Association, National Association of Women Judges, San Diego County Bar Association, Earl B. Gilliam Bar Association, California Black Attorneys Association and National Bar Association. His civic and community affiliations include Sigma Pi Phi Fraternity, Kappa Alpha Psi Fraternity and NIa-UMOJA Valencia Park Elementary School. Additionally, Judge Jones is a Board Member of both the University of San Diego Board of Visitors and the San Diego City College Foundation. He has also published several scholarly articles and has received dozens of honors and awards.

[goldstategop]

The federal judiciary's enlistment on behalf of one side in the culture war continues.

[Glenn]

culture war

I heard Savage on the radio for the first time last night. He must have used this term 50 times. Reminds me of "Jihad". Bush and the Pope in battle armor. That will fizzle in no time, I think. We're going down and the government is doing everything it can to bring it about.

[from occupied ga]

Republicans control the White House and the Senate, then we might see some conservative appointments

I have yet to see anything truly conservative out of the Republicans. King George II has yet to veto any spending bill, has expressed his support for the vile and unconstitutional Sweinslime semiauto ban. Has pushed more school and farm spending (read plunder the pockets of the rest of us to pander to these special interests) Yep Republicans sure are conservative - not

[from occupied ga]

Napoleon Jones' parents ...

You left out the part where he walked on water.

[ballplayer]

Let me get this straight ,theBoy Scouts are getting kicked out of the park because they are considered religious and are violating the nonexistent constitutional separation of church and state ,well since they are now considered a religious institution I guess they can sue for being discriminated against and having their right to practice their religion as guaranteed by the constitution .

[PatrioticAmerican]

"Welcome to Amerika, Christian bastards not welcome."

[PatrioticAmerican]

Since when does a religious association be grounds to deny public leases? This should go to the USSC.

[AlexW]

"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.
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."

How do you equate this with a "sweetheart deal"???

I was a boy scout, and there was never a pledge to any religion.
We had scouts that were Christian, we had scouts that were Jewish, and we probably had scouts that were nothing.
Thats not what I would call "Christian right"

The scout oath has nothing more then the words that are printed on every dollar bill,
"In God we trust"

Do you REALLY have such a problem with this??

[JesseHousman]

What if a S&M leather transsexual atheist group wanted to use the park?

Have you wigged out?

Of course this diversity group would be permitted use of the park forever. Judge Twinky Jones must be allowed to participate in the activities, however.

The local ACLU chapter are already members.

[VRWC_minion]

Is this right ? The state cannot lease property to someone who professes a belief in God ?

[VRWC_minion]

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.

[Maelstrom]

How much longer before people within religious organizations are disbarred use of all other public lands?

...like public roads?

[VRWC_minion]

The Scouts aren't paying fair market value

Making 1.7 million in improvments, plus the intangibles that Scouts provide like stewardship of the premises etc ? Would another tenant have a constant supply of eagle scouts doing improvements ? Would another tenant have on site scout masters and rangers policing the premises ? Have you factored in the costs of these into your calculation of arms length lease value ?

[Eaker]

Let's see what is really happening.

1) According to our current government leaders islam is a religion of peace. Simply because they murdered 3000 Americans on 9/11 is not relevant.

2) The Boy Scouts are wrong because they believe in God and don't believe that queers should be Scout Masters.

We conservatives elected these people????

Get a gun. You are going to need it sooner than later.

Eaker