The following comes from a March 18 story in UT SanDiego.
A lawsuit filed more than a decade ago that sought to cancel leases the Boy Scouts had with the city of San Diego for using property at Balboa Park and Mission Bay is officially over.
In December, a federal appeals court ruled in favor of the Scouts and declared the leases legal, concluding they did not violate the state or federal constitution ban on giving aid or preference to religious groups. The ruling overturned a lower-court ruling that struck down the leases.
The American Civil Liberties Union of San Diego & Imperial Counties, which filed the suit in 2000 on behalf of a lesbian couple and an agnostic couple in San Diego, could have appealed that ruling to the U.S. Supreme Court.
The deadline to file a request for the high court to take the case is this week. David Loy, the ACLU’s legal director in San Diego, said Monday no such appeal will be made.
“We’re not pursuing it any further,” Loy said.