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.

[nevergore]

You obviously have little understanding of the Scout Program.....The Scout program has Muslim, Hindu, Jewish Catholic, Baptist, Protetstant groups for chartered suppport organizations...Churches, synagoges, mosques etc.

Scouts are of all religions backgrounds, beliefs and enthnicity....

The sweetheart deal you referenced is not for the Scouts, but for the city....The Scouts took raw uniproved city land and built a fully functioning camp...The Scouts were to improve the campsite at their material cost of $1.7 Million of the next couple of years which does not take into account the thousands of volunteer hours poured in by parents and scouts toward the projects goal....

The Scout organization DOES NOT require adherence to a specific God just that each Scout/Leader have a general belief system.

It will not allow homosexuals into an all-boy/male organization. This is freedom of association.... a basic tenet of our constitution....There is no discrimination based on race, religion, color or creed.....

NeverGore

[Eaker]

His parents, who migrated from the south looking for a better life for their children, were God fearing people.

Was the way they raised their son the reason why they feared God?

I don't fear God. He and I talk. (mostly me)

Eaker

[vannrox]

By this judges reasoning...

Then all religious Parades should be banned because of separation of religion.

[Sloth]

I thought Napoleon Jones was the head pig in George Orwell's Animal House

Some fraternities are more equal than others.

[Eaker]

pet organizations

So the Boy Scouts are a pet organization? Nothing more?

You still have time to ask the Admin Mod to pull your post. If you don't then you have lost all credibility and will be known as a Clinton supporting fag sympathizer.

Everything that you do to support Queer Nation, puts a little boy closer to a campout / sleepfest with a sodomite.

I am not trying to be harsh, but if it walks like a duck............

Eaker

[Publius6961]

Jones said the Boy Scouts are a religious organization because the Scouts require members to profess a belief in God.

Is it time yet to have all candidates for judges to pass an IQ test?
I suppose that goes for legislators too.

Does no one wonder any more why some positions have minimum requirements?

Everyone who says the Pledge of Allegiance professes a belief in God.
I suspect many many more are saying it with feeling now than 2 years ago.
Where is this going?

I know I know... the perverts thing again in a different crossdress...

[Publius6961]

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

Dear admin,
Please consider allowing this statement to remain.

There are some circumstances where forbidden words are the perfect way to verbalize a deep felt outrage. And the circumstances scream for it in this case.

[Publius6961]

It should've been put up for a *fair* bidding competion and wasn't.

Let's see if I have this right. Following your brainless version of "fairness", if NAMBLA had outbid the Scouts, it serves the "greater good" to give them the lease?

I can't believe that enough tax-paying adults can't figure out that this "gift" of public facilities serves a real, long-standing and universal good, as many other forms do.
"Bidding" under those circumstances is really confounding the means with the ends.

[Publius6961]

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

I'm sorry too, Bruce, but subject to clear limitations anyone can read, the majority get to decide the rules.

Imaginary "hurt feelings" is not one of the protections in the Constitution.

[Publius6961]

That will fizzle in no time, I think.

Dream on (I think).
You sure sound confused.

[Ed_in_NJ]

To see if your UW is on the "Watch List," check: www.defendscouting.com

Local Council addresses can be gotten at: http://www.scouting.org/councils/index.html - HERE.

[scripter]

Thanks for the ping.

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[Chad Fairbanks]

Yeah! You tell them! God forbid (oops... did I say 'God'? My apologies for offending your delicate sensibilities) that they choose to lease the land to an organization that will actually develop it, provide facilities, and manage it all with their own money for the greater good of *ALL*, including those who don't believe in a 'god'...


I mean, that has to be right up there on the list of all-time boneheaded moves that a governmental entity could make. I doubt we will ever recover from the societal damage caused by such a grave injustice. Just what in the Hel;l were those city officials thinking? We should burn them at the stake. Who's with me?

(That was sarcasm, in case you hadn't guessed)

[DEPUTYMAYTAG]

Time for a new revolution.

[ohioman]

Well, coming from a butt pirate such as yourself, it is no surprise you are against the Scouts. Your posts always display weakness.

[sheik yerbouty]

The Caliban strikes agaon!

[Denver Ditdat]

From now on, should there ever again be a Democrat President and a Democrat Senate, liberal mice like Jones will simply be filibustered.

Never happen. The Republicans don't have the balls to pull off something like this when they are the majority, and certainly not if they revert to a minority status. Factor in the howls of indignation that would be raised in the press and anyone with an (R) following his name would slink away from a filibuster while offering up tearful apologies to every Dem within earshot.

[Michael.SF.]

From his Bio:

(Judge Jones) 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.

Such sage advice. If you want to be a Judge you need to learn to read and write. Who would have thunk it?

[O.C. - Old Cracker]

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.

Hilarious!

[Scenic Sounds]

FYI