City of San Diego Orders 29-Foot Cross Removed from Mountainside

San Diego Union-Tribune ^ | March 9, 2005 | Matthew T. Hall

[Crackingham]

The Mount Soledad cross must go, the San Diego City Council said yesterday.

The 16-year saga of whether the cross would stay on public land in La Jolla came to an emotional conclusion last night as the council voted 5-3 to reject a last-ditch effort to keep it in place.

The vote capped a six-hour public hearing that attracted 350 people, most of them Christians who urged the council to donate the cross and surrounding land to the federal government so it possibly could remain where it has stood since 1954.

But the cross now must be moved to comply with an injunction forbidding its presence on public land. Federal Judge Gordon Thompson Jr. issued the injunction in 1991, when he ruled that the cross violated the state Constitution's guarantee of separation between church and state. Thompson had left it to the city and the lawyers in the case to resolve the matter.

In the latest court decision in the case, a panel of the 9th Circuit Court of Appeals ruled in 2002 that the constitutional violation still existed when it struck down the city's second attempt to sell the land to a private buyer.

"This is definitely the first page of the final chapter, and I don't expect the final chapter to last another five years," lawyer James McElroy said last night. "I think we are at the end of the line here."

McElroy represents Philip Paulson, one of two atheists who filed the original lawsuit against the city in 1989.

He said attorneys for the city as well as the group that maintains the cross and Paulson will meet soon to finalize plans for when and where to move the cross, which stands 29 feet tall on top of a 5-foot-high base. McElroy said he would call the City Attorney's Office today, and that the cross could be moved within 90 days.

[Ghost of Philip Marlowe]

"In the latest court decision in the case, a panel of the 9th Circuit Court of Appeals ruled in 2002 that the constitutional violation still existed when it struck down the city's second attempt to sell the land to a private buyer."

Hard, cold evidence that their goal has nothing to do with the state Constitution and everything to do with silencing God and God's people.

[wardaddy]

LOL

[CyberAnt]

Well .. I hope they have a nice life post-council seats.

[Salvation]

BTTT!

[Continental Soldier]

Times are, indeed, a-changing. As Christainity is wiped or swept away, what will follow? What will the God-haters offer in it's place?

[thombo]

Political correctness gone wild?"They'll let us talk at meetings,but it's the lawyers they listen to."Sounds like the city council members are more worried about leftist lawyers and potential lawsuits than being voted out of office by angered San Diegans.Also,i believe the article mentioned that the cross and surrounding area is a war memorial?I would assume vets and the military could apply pressure as well?

[CAluvdubya]

Yep, they are more worried about lawsuits, or probable lawsuits. Duncan Hunter and "Duke" Cunningham were behind selling the land to the Feds. They were surprised the council wouldn't take a chance on a future lawsuit and chose to give up. Both men are not done with this.

Oddly enough, some of the veterans were interviewed. They wanted a no vote as they thought if the Govt. owned the memorial, they would makes changes to it as well. It is a crazy situation, but in addition to Hunter and Cunningham, we also have Rick Roberts, Sean Hannity, and Laura Inghram on our side and making noise. (sorry I'm wordy today )