Mitchell Barnes-Wallace and Maxwell Breen v. City of San Diego and Boy Scouts of America - Desert Pacific Council
Published: Mar. 30, 2013 | Result Date: Mar. 15, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:00-cv-01726 Summary Judgment – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Rita M. Haeusler
(Hughes, Hubbard & Reed LLP)
Facts
More than a decade ago Mitchell Barnes-Wallace and Maxwell Breen filed a complaint against the City of San Diego and Boy Scouts of America - Desert Pacific Council seeking to cancel leases the Boy Scouts had with the City for property at Balboa Park and Mission Bay. The Boy Scouts leased 16 acres in Balboa Park and a half-acre on Fiesta Island.
The lawsuit was filed on behalf of a lesbian couple and an agnostic couple in San Diego. They alleged that the City showed favoritism in awarding the lease because the Boy Scouts' discriminatory policies effectively prohibited both them and their sons from enjoying the use of public land.
Result
A federal appellate court ruled in favor of the Boy Scouts, declaring the leases legal and overturning a lower-court ruling that struck down the leases.
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