The Civil Rights Division of the U.S. Department of Justice filed a request with U.S. District Court Judge Napoleon Jones to appear as amicus curiae, or "friend of the court," in Barnes-Wallace v. Boy Scouts of America. As amicus, the United States will be filing a brief in support of Boy Scouts' motion for summary judgment on the 1987 Fiesta Island lease.

"This is great news," said Merrilee Boyack, spokeswoman for Desert Pacific Council. "The government's action should make it clear to all that our constitutional rights are being violated. Perhaps it will also help bring to an end the escalating harassment of the Scouts."

The DOJ's appearance in the case comes a week after Boy Scouts of America and Desert Pacific Council added civil rights claims to their lawsuit against the City of San Diego and members of the City Council. The Scouts allege that the City is violating Boy Scouts' constitutional rights by harassing Scouts and Scout leaders using Fiesta Island. Recently, Boy Scouts have been singled out for mistreatment by City employees, both on the property Desert Pacific Council leases from the City and the adjacent City parkland.

In its filing, the Civil Rights Division argues that the City of San Diego's lease to Boy Scouts does not violate the Establishment Clause of the Constitution. It also takes the position that singling out Boy Scouts from all other nonprofit lessees based on Scouting's "duty to God" or "morally straight" requirements is viewpoint discrimination and a violation of Boy Scouts' equal protection rights.

To read the Justice Department's press release, click here.  To read the amicus brief, click here.  To read a statement from the Desert Pacific Council, click here.