La Jolla Today, December 20th, 2013

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LAJOLLATODAY

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FRIDAY, DECEMBER 20, 2013

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LJTODAY.COM | VOLUME 18, NUMBER 38

Planning Commission casts its vote for shared beach access at Children’s Pool By DAVE SCHWAB Balking at completely closing off Children’s Pool in La Jolla, the city Planning Commission voted 4-3 Dec. 12 not to prohibit human use of the beach during harbor-seal pupping season from Dec. 15 to May 15. The Planning Commission’s decision on amending La Jolla’s community plan to allow seasonal beach closure of Children’s Pool will now be forwarded to the San Diego City Council for a final vote on the issue, likely in early 2014. Prior to the commission vote, pro-beach access proponents unsuccessfully requested the decision to close the beach entirely for seal pupping season be deferred for several months to allow more time for development of an alternative proposal by lifeguards to create a physical barrier separating

Photos by DON BALCH

The La Jolla Christmas Parade rang in the holidays with its 56th annual installment on Dec. 8. The parade was truly a beachthemed event, with appearances from locals like Izzy Tihanyi of Surf Diva and Windansea Surf Club’s Bird Huffman, far right. See all the photos, Page 10.

~Christmas by the sea~

SEE SEALS >> PG. 5

Soledad cross controversy renewed after judicial order In a nearly 25-year legal fight that has taken countless twists and turns, a federal judge recently ordered the iconic 29-foot cross atop Mount Soledad Veteran’s Memorial in La Jolla to be moved. It was the second time the landmark cross, which opponents

argue is a Christian symbol constituting an unconstitutional “establishment or endorsement of religion,” has been ordered to come down. In May 2006, U.S. District Judge Gordon Thompson ordered the city to remove the cross from then city-

owned property by Aug. 1 of that year or be fined $5,000 a day. Two months later, U.S. Supreme Court Justice Anthony Kennedy temporarily blocked Thompson’s order. A month later, President George W. Bush signed into law a bill transferring the cross to the Defense

Department as a war memorial. That law was subsequently challenged in federal court by the American Civil Liberties Union (ACLU), Jewish War Veterans and others. In 2008, U.S. District Judge Larry A. Burns ruled the cross

By DAVE SCHWAB

could stay. In 2011, however, the 9th U.S. Circuit Court of Appeals overturned Burns’ ruling, finding that the cross, as currently presented and situated, violated the First

SEE CROSS >> PG. 6

A timeline of the legal saga of the Mount Soledad Veteran’s Memorial cross: MARCH 1994: The City Council appeals to the Supreme Court and votes to sell the cross and the land to the memorial association.

1954: The present cross, the third on the site since 1913, is erected.

DECEMBER 1991: Federal Judge Gordon Thompson, Jr. rules the cross violates the state Constitution’s guarantee of separation between church and state and issues a permanent injunction forbidding its presence on public land.

AUGUST 2001: A three-judge panel of the 9th U.S. Circuit Court of Appeals upholds the sale.

SEPTEMBER 1998: The City Council votes to sell the land and cross to the memorial association.

APRIL 2003: The U.S. Supreme Court declines to hear the city’s appeal.

Timeline continued on Page 6

LAJOLLA TODAY

FEBRUARY 2000: Thompson upholds the second sale, ruling it constitutional because the city did not insist that the memorial association keep the cross. JUNE 2002: An appeals court votes the sale violates the state Constitution because the city gave preferential treatment to the veterSEPTEMBER 1997: Judge Thompson voids the 1994 sale, ans group. saying it violates the California Constitution.

JUNE 1992: San Diego voters approve selling the cross and surrounding park to the Mount Soledad Memorial Association. JUNE 1989: U.S. Army Vietnam combat veteran Philip Paulson sues in federal court, saying the Mount Soledad cross on city property violates the U.S. and California constitutions.

NOVEMBER 2004: San Diego voters reject a measure to sell the cross and the land to the highest bidder. Plans are made to move it to a nearby church.

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