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.

[ontos-on]

"when the Dems controlled the Senate too, and "

They had no greater power than the GOP does today. A filibuster was possible.

If republicans are not going to ever use the filibuster, then get rid of it now and stop this pussy-footing around. Patrick Leahy is a snake who can never be trusted . Now, Hatch, now. Get the senate rules amended to remove this unlawful ability to filibuster. Then get the nominated judges approved--or at least a vote. Now. Now Now. Do not put this off. Dont you dare tolerate this situation into the 2004 election. NOW!

[ontos-on]

"we need a Senate GOP supermajority."

NO WE NEED A GOP SENATE WITH STRENGTH & DETERMINATION, NOT THIS CURRENT BUNCH WITH THE P__SSY-SPINED HATCH & FRIST.

[Kevin Curry]

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.

The built the park at their expense, they pay $2,500 a year in administrstive fees, and are required to pay $1.7 million to upgrade and maintain the facilities. That's a "sweatheart" deal?

Next time take ten seconds to read the article before you open the door of your liberal/libertarian mental latrine and let the muck flow into cyberspace.

[swilhelm73]

Its not quite so trivial to remove the filibuster from the Constitution.

The Reps do have the 'nuclear option', but my guess here is they are hoping to use the Dems sordid bigoted activities in regards to judges against them in 2004 with the hope it will really hurt the Dems in the Senate.

Personally, I'd go straight for the 'nuclear option' and tell the partisan press where to get off when they started "reporting" Dem party press releases, since we know if the situation was reversed that's what the Dems would do. But then that's me.

[friendly]

Differences with less conservative republicans should never result in a vote for a disruptor such as Perot.

Perot is a psychotic genius, who was delusional about the Bush family, and who was completely exploited by the Rats to siphon off votes.

[Myrddin]

My son is 20. He's still working on his degree in astrophysics. He's not married yet. The court decision that shifted school funding from the local property tax base around the school (Carlin I think), caused the available funding to drop drastically. Now California has a state full of mediocre to poor schools. Even though my son graduated with a 4.33 GPA, I'm not convinced the quality of the education he received as a 2001 graduate of Mira Mesa High school compares to what I had as a 1973 graduate of Hilltop High.

Frankly, I think the Carlin decision did far more harm to school quality than prop 13. Rampant illegal immigration added significantly to the decline.

My son's Boy Scout activity was interesting. He joined a troop in Mira Mesa that was sponsored by the Catholic Church. It was a much larger troop than the tiny group at our LDS ward. More like what I experienced as a scout. He earned his Second class and First class ranks so fast that they were presented at the same Court of Honor. The scoutmaster told him he needed to slow down. He followed that advice and left the scout troop. I'm still ticked off about the way that happened.

[ontos-on]

I think it is a mistake to call the amendment of senate rules to outlaw filibuster in judicial advise and consent operations by the name preferred by the left, "the nuclear option".

Senate rules can be changed by the senate itself. Fillibuster is not in the Constitution. That you think so, only demonstrates the importance in not adopting the terminology and notions of the left.

[ontos-on]

Exactly! That's why conservatives should not vote for a silly third party. You will not convince me that Perot did not have a deeper linkage to Clinton.

[TLI]

I believe Homo High costs about $3,700,000.00 a year.

Taxpayer money, too. Not private donations.

[Stone Mountain]

I didn't make up any quote. The BSA clearly says that they do not admit athiests. Athiesm is a belief system - one you clearly disagree with, but a belief system nonetheless. Therefore, BSA policy does not welcome all beliefs. This shouldn't be hard to understand.

My highest rank was Life Scout, btw, if that matters at all. I'm not quarreling with you about BSA policy - I'm quarreling with you about what your definition of belief is. I don't understand how anyone can say that the BSA welcomes all beliefs when it doesn't welcome athiests.

[Stone Mountain]

So the statement, "the BSA welcomes all beliefs" - true or false in your opinion?

[Kevin Curry]

Atheism is an anti-belief--a militant anti-belief. Atheism is the anti-spirit behind much of the degeneration of American culture and the loss of freedoms that have taken place over the past century.

Atheism has already claimed our public forums for its exclusive anti-worship sites. Atheism is ruled by a very jealous anti-God.

The anti-belief of atheism is not allowed in the BSA. The BSA is very wise to resist its corrosive poison.

[FlatLandBeer]

Wasn't their a ruling that stated that so long as ALL groups are allowed to make the same arraingements then it was allowed.
For example the renting of school autoriums to churches.

[Dr Warmoose]

So we have a racist "judge" who rules from the Communist Manifesto (there is no "Separation of Church & State" in the US Constitution) that people who have signed a lawful contract and pay a lease have no rights to use the property they are improving and paying maintenance dues.

Ironically, the Atheistic and Marxist ACLU has no problems using the court rooms freely to lay the iron boot on decent people. Membership in the Boy Scouts is not like Nazi Youth, NAMBLA or The Crypts. Better to keep the park available for gay sex cruising, the godless urban outdoorsmen, and what-not.

Meanwhile Sodomites and S&M freaks can use the city streets freely for their parades.

[jackbill]

Does this clown have a law degree?

[dennisw]

Does this clown have a law degree? .........


He must... This is just a blurb from where he was an under graduate. Why it doesn't mention his law degree is a mystery

[dennisw]

His law degree--->

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

[lowbridge]

His law degree---> http://www.jtbf.org/article_iii_judges/jones_jr_n.htm

And this is the place he got it from:

[lowbridge]

This is just a blurb from where he was an under graduate. Why it doesn't mention his law degree is a mystery

[CharliefromKS]

I love that the Boy Scouts are now all of a sudden public enemy #1. I can't imagine why that would be. < /sarcasm>