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Judge Orders City To Take Down Cross

Case Has Been Subject Of 15-Year Legal Battle

May 3, 2006

Images: Soledad Cross

SAN DIEGO -- A U.S. district court judge ordered the city of San Diego to remove the Mount Soledad cross within 90 days or pay a hefty daily fine.

Judge Gordon Thompson issued the ruling in favor of Philip K. Paulson on Wednesday, saying the city would have to pay $5,000 per day for each day the cross remains on the site after the 90-day period has expired.

The cross has been the subject of a 15-year legal battle over whether its presence on city parkland violated the separation of church and state. In fact, in the opinion issued on Wednesday, Judge Gordon Thompson Jr. did not bother to review the case's history, writing instead that "the case has a long and torturous legal history. As such, the Court will not reiterate the facts or procedural history here."

Thompson also refers to a "permanent injunction forbidding the permanent presence" of the cross on the land, which was issued in 1991.

"It is now time, and perhaps long overdue, for this court to enforce its initial permanent injunction forbidding the presence of the Mount Soledad cross on city property," reads the ruling issued Wednesday.

Mayor Jerry Sanders issued a news release on Wednesday afternoon, urging the City Council and City Attorney Mike Aguirre to "pursue all judicial remedies in order to save the cross, on the Mount Soledad War Memorial." The statement also said that Sanders "has always viewed the cross as an integral part of the war memorial."

The city has attempted twice to sell the property to the Mount Soledad Association, but federal courts have overturned the sales because they said the transactions favored a buyer who would preserve the cross.

• October 31, 2005: Soledad Cross Supporters Outraged By Judge's Decision
• July 27, 2005: Measure To Preserve Cross Passes Easily
• July 23, 2005: Judge: Soledad Cross Measure Needs Two-Thirds Majority
• May 16, 2005: Bill Would Keep Cross On Mount Soledad
• April 19, 2005: Soledad Cross Issue Qualifies For Special Election
• April 7, 2005: Soledad Cross Supporters Turn In Nearly 100K Signatures
• March 9, 2005: City Rejects Plan To Save Soledad Cross
• March 8, 2005: Hundreds Jam Council Meeting On Soledad Cross
• November 10, 2004: Church Scraps Offer To Take Soledad Cross
• November 4, 2004: Work On Plan To Move Mount Soledad Cross Begins
• November 3, 2004: Voters Reject Room Tax, Sale Of Soledad Cross
• September 29, 2004: Prop. K Could Decide Fate Of San Diego Landmark
• July 20, 2004: City Attorney Advocates New Owner For Soledad Cross
• March 31, 2004: City May Agree To Move Soledad Cross
• April 21, 2003: High Court Won't Hear City's Cross Appeal
• June 27, 2002: Court Rejects City's Sale Of Soledad Cross