Federal judge outlaws San Diego lease; Boy Scouts are too religious

A federal judge outlawed the Boy Scouts' use of public land because a lease implies the city endorses the group's "inherently religious programs and practices."

U.S. District Judge Napoleon Jones Jr. scuttled the Scouts' lease of a bayside aquatics center at Fiesta Island. Last year he barred a similar lease to use a city park.

Citing church-state separation, the American Civil Liberties Union had sued the city and Boy Scouts on behalf of a lesbian couple and an agnostic couple.

During 17 years at Fiesta Island the Scouts spent $2 million on the aquatics center. They paid no rent but covered maintenance costs.

Jones called the Scouts "an admittedly religious, albeit nonsectarian, and discriminatory organization."

The Scouts plan to appeal.