The Deal made behind closed doors

MINUTES OF THE BOARD OF SUPERVISORS COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
Violet Varona-Lukens, Executive Officer Clerk of the Board of Supervisors
383 Kenneth Hahn Hall of Administration Los Angeles, California 90012



County Counsel
CS-4
REPORT OF ACTION TAKEN BY THE BOARD OF SUPERVISORS DURING CLOSED SESSION HELD JUNE 1, 2004



DESCRIPTION:


Conference with Legal Counsel - Anticipated Litigation (Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation (one case) (04-1465)



DURING CLOSED SESSION THE BOARD TOOK THE FOLLOWING ACTION:
The Board instructed County Counsel to negotiate with the American Civil Liberties Union (ACLU) to determine whether the ACLU would refrain from filing its threatened lawsuit against the County regarding the presence of a cross in the County seal, if the County were to replace the cross with a depiction of a California mission and add a representation of the region's indigenous peoples, to be accomplished within a reasonable period of time.

The vote of the Board was as follows:
Supervisor Molina: Aye
Supervisor Burke: Aye
Supervisor Yaroslavsky: Aye
Supervisor Antonovich: No
Supervisor Knabe: No

NOTE: The ACLU has now agreed that it will not sue in light of this proposal; accordingly, the closed session action is reportable (Government Code Section 54957.1).

5060104-CS-4
Copies distributed:
Each Supervisor
Chief Administrative Officer

Mission does an injustice!

The two year long battle for the Los Angeles County Seal has taken a very interesting and unexpected turn.

On June 8, 2004, I attended a rally at the Kenneth Hahn Hall of Administration Building where the Los Angeles County Board of Supervisors meet. The rally was called for by nationally known talk radio host Dennis Prager.

The rally was to express opposition to the Board of Supervisors cow-towing to the ACLU and removing the cross which appeared on the County Seal.
What took place following that rally is history and is known across the United States. Hundreds of newspaper articles chronicled the attempt to save the cross.

Now for some information which has just come to light.

The ACLU letter to the Board of Supervisors demanding the cross be removed was dated May 19, 2004. It was not until May 25th that the letter was brought to the Board and the public. Here is the announcement made by Supervisor Don Knabe directly from the official county transcript:

“SUP. KNABE, CHAIR: OKAY. IS THAT ALL THE HELD ITEMS, I BELIEVE?
BUT FOR NEXT WEEK, THIS IS FOR NEXT WEEK: THE A.C.L.U. HAS SENT A LETTER TO THE BOARD OF SUPERVISORS DEMANDING THAT A SMALL CROSS DISPLAYED ON THE OFFICIAL COUNTY SEAL BE REMOVED AND THAT A RESPONSE FROM OUR BOARD BE RECEIVED WITHIN 14 DAYS. THEY HAVE THREATENED LEGAL ACTION AGAINST THE COUNTY IF IT'S NOT REMOVED.
OFFICIAL COUNTY SEAL WAS DESIGNED BY FORMER SUPERVISOR KENNETH HAHN AND ADOPTED BY THIS BOARD ON MARCH 1ST, 1957. IT HAS BEEN A SYMBOL OF OUR GREAT COUNTY WHICH SPANS 4,081 MILES AND ENCOMPASSES SOME 10 MILLION RESIDENTS, MAKING IT THE LARGEST AND MOST DIVERSE COUNTY IN THE UNITED STATES OF AMERICA.
THE SEAL HAS VARIOUS SYMBOLS REPRESENTING OUR COUNTY'S DIVERSE AND RICH HISTORY, FROM AGRICULTURE TO OIL PRODUCTION, FROM CULTURAL ACTIVITIES TO THE CONQUEST OF SPACE, AND INCLUDES A CROSS REPRESENTING THE INFLUENCE OF THE CALIFORNIA MISSIONS WHICH HAVE BEEN A PART OF OUR DEPARTMENT-- DEVELOPMENT OF OUR COUNTY AND STATE OF CALIFORNIA.

OUR HISTORY CANNOT BE CHANGED AND WILL NOT BE REWRITTEN.WE HAVE A RICH AND PROUD HISTORY WHICH EVERY PERSON IN THE COUNTY CAN BE PROUD OF, NO MATTER WHAT YOUR RELIGIOUS BACKGROUND. TODAY, THE COUNTY OF LOS ANGELES FACES A VARIETY OF CRITICAL ISSUES AND THE THREAT OF SUCH A LAWSUIT BY THE A.C.L.U. IS CLEARLY A FRIVOLOUS ACTION AND WOULD CAUSE THE COUNTY OF LOS ANGELES TO SPEND UNTOLD AMOUNT OF ALREADY SCARCE RESOURCES.

WE WOULD THEREFORE MOVE THAT THE BOARD OF SUPERVISORS REITERATE ITS SUPPORT FOR OUR COUNTY SEAL WHICH WAS ADOPTED 47 YEARS AGO AND DIRECT COUNTY COUNSEL TO THOROUGHLY REVIEW THIS MATTER AND BEGIN PREPARATIONS AND BRIEF THIS BOARD TO PROTECT AND DEFEND THE COUNTY'S SEAL IF SUCH LITIGATION IS BROUGHT AGAINST THIS COUNTY, AND THAT'S FOR NEXT WEEK.”

The next board meeting took place June 1, 2004. The first to address the Board on the seal issue was Los Angeles City Council member Janice Hahn. Being the daughter of former Supervisor Kenneth Hahn, who submitted the seal for adoption in 1954, she spoke very passionately on retaining the original seal. She, too, referred to the historical significance of the cross and its relation to the California Missions.

The next speaker was Los Angeles City Councilman Tom LeBonge. He is well known for his historical knowledge of Los Angeles. After Councilman LeBonge spoke the fate of the cross on the original county seal was to take a new and in the end a disturbing direction.

Knabe, Hahn and LeBonge set in motion a chain of events that has robbed the cross and seal of its true place in the history of Los Angeles County.

While Councilman LeBonge was addressing the Board, Supervisor Zev Yaroslavsky asked Tom LeBonge and Janice Hahn “would you have an objection if the cross were replaced with a representation of a mission to represent the role of the Missions and the Missionaries?”

When the discussion turned to the financial exposure to the county, Supervisor Yaroslavsky made a motion to send the issue to “closed session” so the supervisors could have a discussion with the county counsel, Ray Fortner.
Motion made to refer to closed session by Yaroslavsky
Yvonne B. Burke 2nd -
Gloria Molina voted infavor, with Mike antonovich and Don Knabe opposing.

What took place in that closed session is unknown to the people, but the testimony given by Ray Fortner at the June 8th board meeting gives us an insight to what took place.

In the June 8, 2004 official Los Angeles County transcript Ray Fortner said,
“The charge that I believed I had from the closed session was to settle the lawsuit, to, in sense, to achieve the ACLU’s agreement to refrain from filing a lawsuit, which they had said they would, that the papers were ready and they were just standing waiting for our indication of whether we were going to agree to remove the seal or not. And the boards instructions to me were contingent upon the agreement by the ACLU and, until I spoke to and received the agreement of the ACLU that settlement was not final.

It could have been reported. It would not of been unlawful to have reported immediately out of--after that closed session but it did not need to be reported and, in my judgment, it was better to take it to the ACLU without them having heard it from the press or otherwise what the Board's offer was. Once they accepted it, and that then was confirmed by the Executives in the ACLU, we didn’t report out the decision.”

This was the testimony of the County Counsel at the meeting following the Dennis Prager rally. The deal had already been made and agreed upon out of sight of the press and the people.

Now here is the rub. The cross on the Original Los Angeles County Seal has nothing to do with the Missions of California and has nothing to do with the Mission in San Gabriel.

The County Council, the ACLU and three Supervisors have placed a symbol specific to one Religion on the new LA County Seal. Had the cross been a symbol representing the contributions of the Missions the exchange may have been legal. But as it stands, the Mission symbol, truly is a violation of the First Amendment as it does endorse one specific religion--Catholicism.

Our research has taken us back to Hollywood in 1920 and one extraordinary lady, Christine Wetherill Stevenson. She was the founder of the Pilgrimage Theatre and was also instrumental in acquiring the “Daisy Dell” which is now known as the Hollywood Bowl.

There is a reason the cross above the John Anson Ford Theatre (formally known as the Pilgrimage Theatre) appeared on the Los Angeles County Seal and it is not just its proximately to the Bowl.

It is the historical relationship to the Bowl, Hollywood, Arts, Culture and Religion--all religions.

“Mrs. Christine Wetherill Stevenson, became increasingly disturbed by the casualty lists and devastation in Europe. She felt a deep compulsion to find an antidote for war. Long meditation brought her to the conclusion that mankind needed a fuller understanding of the great religions and philosophies of the past.
The modern age, she believed, had failed to conserve and carry forward the wisdom of the spiritual leaders of former centuries.

There was a desperate need for wider acceptance of the fundamentals of Christianity, as well as of other religions.” … John Anson Ford, Thirty Explosive Years in Los Angeles County,(1961) (pg 193).

The placing of the San Gabriel Mission on the new LA County Seal does an injustice to the history of Los Angeles County and the people who have done so much to bring about the advancement of the Arts, Culture and Religion to our County.

We now continue our campaign with a new sense of direction, conviction and dedication.

David Hernandez
Chairman
Committee to Support the Original LA County Seal

The Battle Continues

The Battle Continues

Dear Friends and Supporters of the Original Los Angeles Seal,

It has been two years since our struggle began to protect our original county seal. From a very insignificant and naive starting point we have evolved into a force with which to be reckoned.

Our few volunteers at the beginning have been joined groups of substance and influence.

Our petition and your efforts have spurred legislation in the US Congress, and the California Assembly and Senate.

Yes, our victories have not been without disappointment and sacrifice. We have yet to realize our objective. We have had the veil of innocence removed from our eyes. Those individuals and organizations that were believed to stand for religious leadership and stewardship, have by their actions or inactions, revealed their true agendas and priorities.

As I watch the battle of secular cleansing taking place on beachheads across this county, I can not sit back and watch as the ovens are being built and the lines being formed. I can not sit back quietly and watch the Boy Scouts attacked, removed and disbanded. I will not sit back and watch our sisters and brothers in cities like San Diego, Tijeras and Mojave continue to fight and not come to their aid.

If our cause was just and right on June 8th 2004, it is just and right today. It is even more so, as we now know the depth and darkness of our opponents agenda.

Today I pick up the sword and shield and return to the battle. I ask that you consider the cost of the decision you are about to make. Is it to engage the enemy or to sit home and pray and by your appeasement, hope that they will walk by and focus on the destruction of your neighbor and not you? The hymn says it: “Onward Christian soldiers, marching into war, with the cross of Jesus, going on before.”

David Hernandez
Chairman Committee to Support the Original Los Angeles County Seal

The American Family

The American Family

The history of the United States is forged on struggle for freedom. The fabric of this country is woven with the fight to attain freedom and to protect it.

Americans, regardless of their internal challenges or differences have fought and died together when threatened.

From the Buffalo Solders of the Civil War to the Tuskegee Airman of World War II; Americans of all colors united to prevail over those who would threaten our American Family.

Like a family, we have our differences and our disagreements. Like a family, we may appear divided to those who do not know or have forgotten our family history.

But like a family, when our family is threatened or attacked we put aside those differences.

We put aside those disagreements.

We put aside the wrongs of the past.

We put aside that which divides us, and we stand together!

We stand together when a family member is challenged.

We stand together we our home is threatened.

We fight, side by side, as a family!

We stand united as an American Family!

Today we come together as a family of Americans to give notice! To give notice to those who mistakenly believe our family is broken. To give notice those who believe our family can be divided and turned against one another.

Today I stand before you not as a Mexican American, but as a member of the American Family.

From this day forward, I will proclaim that which men and women of all faiths and all colors have fought and died to preserve.

Today I stake claim to my place in the American Family, as an American.

No longer separated by race, color, faith or political ideology, but united by all, under one flag!

As I make this pledge to you, I ask, who among you will join me in claiming your place in this American Family?

Who among you will accept the responsibility to live and teach the meaning of family?

Who among you will fight to protect and preserve this American Family?

Welcome home……..

This family gathering was called to address that which threatens our brothers, sisters, mothers, fathers, our children and our communities.

Our elected officials took an oath and accepted the responsibility to protect and preserve our family, our community, our jobs, our schools, our hospitals and our country.

But they fall short and lend a deaf ear to the cries of our family members.

So today we gather to announce to those who present the threat, as well as those who have sworn to protect us, that we stand united and will assume the mantel of responsibility of protecting our family.

We will take the action needed to preserve and protect our community and if you fail to stand with us, you stand against us.

There will be those who will use this statement of unity as an attempt to divide their political base.

In order to protect block votes, long since taken for granted, they will cry foul.

They will declare that we are not smart enough to understand the complexities of the immigration issue.

Do not be fooled, their cries will be loud and filled with emotion. They will attempt to place blame and keep us divided.

So, be strong and vigilant.

God bless you, God bless us and God Bless the American Family!



Dave Hernandez
April 23, 2006

www.dave4la.com

Remember why we are fighting for a vote.

It is good to remember why we have been fighting for the opportunity to vote on the LA County Seal issue.

God will not cease to exist if the cross is removed from the Los Angeles
County Seal, so why the big fuss?

What is really at stake in this fight and why are so many people responding with such vigor?

For myself, no other fight has been as important as the one we are now fully engaged in. The broader issue is not the plight of a religious symbol as some would lead you to believe. Had you been one of those individuals who took the time to leave work and family, endured peak hour traffic and paid over- priced parking fees, and then waited five hours to speak at the County Board of Supervisors meeting, you would know why.

When your agenda item was called to be discussed, you would have seen Supervisor Molina get up and leave the room. She did not give you the courtesy or respect to listen to the testimony of those who waited five hours to speak. She did not want to hear the facts or legal input from attorneys citing decisions from every court level up to and including the U.S. Supreme Court. When she did return, it was only to vote against you.

She, as well as the other Supervisors, Burke and Yaroslavsky, voted to express their beliefs and convictions. They voted; a process these same three individuals denied to millions of others in Los Angeles County.

Molina, Burke and Yaroslavsky all based their positions on the legal opinion of the LA County Counsel. They relied on the legal process to reach their conclusion; the same legal process these three voted to deny to the residents of LA County with their refusal to fight the threatened lawsuit from the ACLU. This, even after the cost of litigation was offered free of charge.

Now we get to the crux of our battle. Politicans at every level of government feel immune to the will of the people. Through creative redistricting and the creation of safe districts, with the financial backing of special interest groups and the low voter turn out, these incumbents believe they are not accountable to those they serve. Are they wrong in their beliefs?

Up to now, they haven’t been wrong. They have relied on our not being willing to stand together and shout STOP! No more!, Enough is Enough! Now we are going to shout it loud and clear.
To borrow a phrase, we are mad as hell and we are not going to take it anymore.

That is where I found myself after attending the board meetings and watching first hand the contempt these individuals showed for the will of the people and the rights we as Americans are privileged to have.

Politicans such as these can be found at every City Council meeting, School Board meeting, Community College meeting and State Assembly and Senate meeting. Their appointees on Fair Boards, Planning Commission, Coastal Commission and Police Commission demonstrate and reflect the same contempt as those who appointed them.

If our communities reflected the ability of these individuals to make the right decisions, things may be different. Unfortunately, our schools, streets, environment, employment opportunities and crime statistics, do not reflect their self- perceived exepert thinking.

I understand we live in a Republic and not a democracy, that our elected officials are elected to speak for us and make decisions on our behalf. Our system of government does not exclude us from participating in the process. There are procdures we can ulitize when those who govern do not participate in the spirt of our system of governance.

Carlos Ortega addresses Board of Supervisors and heated exchange with Gloria Molina

CARLOS ORTEGA: THANK YOU, SUPERVISOR. SUPERVISOR MOLINA, 99% OF HISPANICS IN THIS COUNTY HAVE A STRONG CHRISTIAN FAITH, ONE OF WHICH THEY'RE PROUD. THEY SENT YOU HERE, AMONG OTHER REASONS, BECAUSE THEY THOUGHT THAT YOU SHARE THEIR VIEWS, THAT AUTHENTICITY OF CULTURE IS REPRESENTED [ INTERJECTIONS ]

SUP. KNABE, CHAIR: PLEASE!

CARLOS ORTEGA: AUTHENTICITY OF CULTURE IS REPRESENTED, AMONG OTHER THINGS, BY BEING TRUE TO YOUR ROOTS. DON'T FALL PREY TO THE A.C.L.U. IN ITS ILL-ADVISED, ILL-BEGOTTEN LEFTIST IDEOLOGY OF WHICH THE HISPANICS HAVE NO PART. YOU SHOULD KNOW THIS! ON OTHER ISSUES, PERHAPS YOU SHOULD VOTE WITH THE LEFT, BUT WITH THE SPECIFIC ISSUE OF THE CROSS AND THE HERITAGE THAT IT REPRESENTS, THE HERITAGE OF THE HISPANIC PEOPLE OF THIS COUNTY, WHO FOUNDED, FROM MOSAIC COMAREO ALL THE WAY DOWN TO OUR PRESENT DAY, THE COUNTY OF CALIFORNIA-- THE COUNTY OF LOS ANGELES IN SOUTHERN CALIFORNIA, DON'T LET THAT GO TO WASTE. BE PROUD OF YOUR HERITAGE. DON'T TAKE THE LEFTIST VIEW. TAKE THE HISPANIC VIEW, TAKE THE AMERICAN VIEW, AND SAY THAT IS AN INTEGRAL PART, AS MUCH OF IT AND AS AUTHENTIC ANY IDEA THAT MAY COME OUT OF THE WHACKY UNIVERSITIES THAT SOME OF US HAVE ATTENDED BUT WHICH STILL MAY BE WRONG. SO I'M SAYING TO YOU, DON'T SELL OUT TO THE LEFT, YOU KNOW, STAY WITH THE HERITAGE. AND I AM SAYING... [ INTERJECTIONS ]

SUP. KNABE, CHAIR: PLEASE! WAIT A MINUTE. EXCUSE ME. I'M GOING TO INTERRUPT AGAIN.

CARLOS ORTEGA: BUT MAY I TAKE SOME OF MY TIME BACK?

SUP. KNABE, CHAIR: YOU'VE GOT MORE ON YOUR TIME. SHE FORGOT TO START THE TIMER BUT, AGAIN, JUST BE RESPECTFUL. OKAY? THIS IS NOT NAME-CALLING TIME. THIS IS THE TIME FOR YOU TO EXPRESS YOUR PASSION ABOUT THE ISSUE, NOT TO NAME-CALL, NOT TO TARGET, NOT TO DO ANY OF THAT KIND OF THING, NOT THE HISSING, THE BOOING. OKAY? YOU HAVE 24 MORE SECONDS.

CARLOS ORTEGA: HERE'S THE END POINT OF IT. I TALK TO HUNDREDS OF THOUSANDS OF HISPANICS EVERY DAY ON RADIO. I'M A TALK SHOW HOST. I HAVE NEVER COME HERE, EITHER, LIKE DENNIS PRAGER, BECAUSE I DON'T FEEL THAT THERE ARE ENOUGH THINGS OUT THERE THAT ONE SHOULD REALLY, YOU KNOW, BE OVERLY EXCITED WITHOUT TAKING INTO ACCOUNT ANY MYRIAD OF THINGS BUT THIS IS ONE WHERE HISPANICS WILL RISE UP AND NOTICE. THIS IS PART OF THE HERITAGE OF THE STATE AND ALL OF US, HISPANIC AMERICANS INCLUDED.

SUP. KNABE, CHAIR: THANK YOU. ROSIE?

SUP. MOLINA: UH, MR. CHAIRMAN?

SUP. KNABE, CHAIR: YES?

SUP MOLINA: [ SPEAKING SPANISH ]

CARLOS ORTEGA: I THINK SHE WANTS TO HAVE A DEBATE. SHE'S SAYING THAT SHE'S NOT SELLING OUT.

SUP. MOLINA: NO, EXCUSE ME.

SUP. KNABE, CHAIR: NOW, WAIT. WE'RE NOT...

SUP. MOLINA: YOU STARTED THE DEBATE.

CARLOS ORTEGA: WELL, IT'S-- NO, BECAUSE YOUR...

SUP. MOLINA: MY TIME, SIR. YOUR TIME IS OVER.

SUP. KNABE, CHAIR: PLEASE! GLORIA...

SUP. MOLINA: NO. [SPEAKING SPANISH]

CARLOS ORTEGA: [SPEAKING SPANISH] [ INTERJECTIONS ]

SUP. MOLINA: SENIOR, I WOULD BE MORE THAN HAPPY... [ INTERJECTIONS, SHOUTS ] [ GAVEL ]

SUP. KNABE, CHAIR: PLEASE! PLEASE!

CARLOS ORTEGA: I DON'T THINK IT'S TIME FOR DEBATE.

SUP. KNABE, CHAIR: ROSIE ROMERO MCDERMOTT.

SUP. MOLINA: (SPEAKING SPANISH) [ BOOS AND INTERJECTIONS ]

SUP. KNABE, CHAIR: [GAVEL] PLEASE!

CARLOS ORTEGA: AUTHENTICITY IS SHOWN BY DOING THE RIGHT THING, NOT BY JUST BEING PHONY LIKE THAT.

SUP. KNABE, CHAIR: CARLOS? YOU'RE DONE. ROSIE?

SUP. MOLINA: SIR, LOOK, LET'S GO, LET'S GO THROUGH THIS AGAIN.

SUP. KNABE, CHAIR: ROSIE?

SUP. MOLINA: I AM STANDING HERE AND I STAND BY MY VOTE. YOU'RE-- AGAIN... [ INTERJECTIONS ]

SUP. KNABE, CHAIR: PLEASE!

SUP. MOLINA: ...YOU ARE ALLOWED TO CHASTISE ME AS MUCH AS YOU WILL AT ANY LEVEL BUT TRYING TO CHASTISE ME AND TRYING TO REMIND ME THAT I'VE FORGOTTEN MY CULTURAL ROOTS IS YOUR MISTAKE. SIR...

CARLOS ORTEGA: 2,000 PEOPLE ARE OUTSIDE TELLING ME THAT.

SUP. MOLINA: SIR! SIR! SIR!

CARLOS ORTEGA: I'M NOT GOING TO BE TALKED DOWN BY YOU THAT WAY! I'M TELLING YOU THAT THIS IS IMPORTANT! THIS IS IMPORTANT TO HISPANICS!!

SUP. KNABE, CHAIR: PLEASE!

CARLOS ORTEGA: [ LOUD APPLAUSE AND CHEERS] I WILL NOT BE TALKED DOWN LIKE THAT!! I RESPECT MY RIGHTS!! I RESPECT MY HERITAGE!! AND THAT'S WHY IT'S AS MUCH AS PART OF ME AS ANY OTHER AMERICAN HERE!!!

SUP. KNABE, CHAIR: PLEASE!!

CARLOS ORTEGA: SO I WILL NOT BE TALKED DOWN LIKE THAT! BY THE WAY, WHAT SHE WAS SAYING IN SPANISH, IT'S REALLY GROTESQUE, BUT I WILL-- I WILL JUST SAY THIS, I WILL JUST SAY THIS, THERE ARE THOUSANDS OF HISPANICS OUTSIDE. GO TELL THEM, IF THEY ARE REALLY SPLITTING DOWN THE MIDDLE ON BEHALF OF SOMEONE, GO OUTSIDE, TELL THEM, BECAUSE THAT'S WHAT-- THAT'S WHAT YOU MEANT TO SAY. GO TELL THEM, BECAUSE THIS IS REALLY CRUCIAL. I MEAN THIS IS-- NEVER DO THE HISPANICS IN THIS COUNTY GET A CHANCE TO VOICE REALLY WHAT THEY FEEL! AND, TODAY, THE PERSON THAT OUGHT TO BE REPRESENTING HISPANICS, SIR, THERE ARE 2,000 HISPANICS OUTSIDE. IF YOU WANT THEIR CARDS, I CAN TALK FOR THEM!!

SUP. KNABE, CHAIR: NO. LISTEN. WE'RE TRYING TO LET-- BE RESPECTFUL AND TRYING TO GET EVERYONE TO BE ABLE TO ADDRESS THIS BOARD. THIS IS NOT THE TIME FOR A DEBATE. OKAY? ROSIE ROMERO MCDERMOTT, PLEASE.

Judge rules Christian Attorneys can not defend City.

>South of Los Angeles, the battle to save the cross on Mt. Soleded continues. Inspite of a 76% voter approval, Superior Court Judge Patricia Yim Cowett ruled prop A was unconstitutional and set aside the vote.

>Astoundingly, Judge Cowett also found representation of the City by an attorney associated with the Thomas More Law Center, a Christian public interest law firm, was an unconstitutional “entanglement” of the City government with religion.

>So what we have is a judge who feels it is unconstitutional for Attorneys who are Christian to represent the city. This is where the attacks have led us, blatant discrimination against people of faith. How far will you let this go, can we see a day when people of faith can not teach in public schools, hold government jobs or run for public office?

>The battle is real and either you are engaged in the battle or you will just suffer the continued loss of your freedom..

David Hernandez

**********************************************************************************

Mt. Soledad Cross Case Reaches California Court of Appeal

RANCHO SANTA FE, CA – A sixteen-year legal battle over the presence of a concrete cross surrounded by a veterans war memorial atop Mt. Soledad in La Jolla, California is moving on to the California Court of Appeal.

San Diegans for the Mt. Soledad National War Memorial, a community group which garnered 76 per cent of the vote in their successful ballot proposition requiring the City of San Diego to donate the property under the cross to the federal government, has appealed the Superior Court order that found the ballot measure unconstitutional and unenforceable.

Rancho Santa Fe attorney Charles LiMandri, Director of the west coast office of the Thomas More Law Center, a national public interest law firm, is representing the community group, its chairman, members of the Memorial Association, and the sons of the late contractor who built the cross in 1954. All have joined together to preserve the memorial and cross.

The cross has been the subject of a 1989 federal lawsuit filed by atheist Philip Paulson. In 1991, Federal District Court Judge Gordon Thompson ruled that the stand-alone cross on City-owned property violated the California Constitution.

However, since 2000 the cross has become the centerpiece of the Mt. Soledad Veterans Memorial.

In December 2004, the United States Congress designated the Memorial a national veterans memorial and authorized the Department of the Interior to accept a donation of the property. Supporters of the Memorial believed that a transfer of the property to the federal government was the best hope for maintaining the cross as its centerpiece in the face of continued legal challenges by Paulson.

Despite widespread popular support for the cross to remain, as it is where it is, the San Diego City Council declined to make the donation. A grass roots movement to overturn the City Council action was spearheaded by a religiously diverse group of local citizens, “San Diegans the Mt. Soledad National War Memorial.” More than 100,000 County residents signed the group’s petition calling on the Council to reverse its position.

As a result, the Council Proposition A, which authorized the donation, was placed on the July 2005 special election ballot. Prop A passed with more than 76% of the vote.

Before the vote on Prop A, attorneys for Paulson filed a lawsuit in state court seeking to stop the election. Initially, San Diego Superior Court Judge Patricia Yim Cowett allowed the vote to take place (although she ordered that Prop A had to receive a supermajority of 66% of the vote in order to pass).

However, after the election, Judge Cowett ruled that Prop A was unconstitutional under California Constitution which prohibits aid to religious purposes, and discrimination against or preference for religion.

Astoundingly, Judge Cowett also found representation of the City by an attorney associated with the Thomas More Law Center, a Christian public interest law firm, was an unconstitutional “entanglement” of the City government with religion.

Charles LiMandri, director of the Thomas More Law Center’s west coast regional office, said, “As far as we know, this is the first court in the nation to hold that it is unconstitutional for Christian lawyers to represent government entities. That really underscores this judge’s anti-Christian bias.”

LiMandri filed a motion to vacate Judge Cowett’s ruling on behalf of his clients. Judge Cowett refused to even consider their motion. Filing the motion, however, gave them standing to appeal.

Newly elected San Diego Mayor Jerry Sanders has announced publicly that the City will also appeal Judge Cowett’s order and commended LiMandri for his pro bono work on behalf of the City in the state court case.