The San Francisco Independent Newspaper - Bay City News Service
October 14, 1997
Judge Refuses to Block Sale...

A federal judge in San Francisco on Friday turned down a bid by an atheists' group to block the sale of a patch of land in Mount Davidson Park to an organization wanting to preserve the park's historic 103-foot cross.

U.S. Judge Maxine Chesney refused to allow members of the San Francisco chapter of American Atheists to impede the settlement of a 1990 lawsuit by eight citizens and religious leaders who challenged the city government for maintaining the Christian symbol on public land.

A federal appeals court in 1996 sustained the claim by the American Jewish Congress and other plaintiffs that city ownership of the cross violated the principle of separation of church and state and amounted to a government endorsement of the Christian religion.

The city then agreed to sell the parcel. If city voters approve the sale on November 4, the land will be transferred to the Council of Armenian-American Organizations of Northern California, a private group that intends to retain the steel and concrete cross, which was built in 1934.

Under the settlement agreement, the city would erect a plaque specifying that the religious symbol does not stand on San Francisco parkland.

Scott Schutzman, an attorney for the atheists' group, said his clients did not receive adequate notice of the auction held on July 21, at which the Armenian-American Council made the top bid, of $26,000, for the 0.38-acre parcel. Schutzman said his clients would have bid on the land and torn down the cross if they prevailed at the auction.

Deputy City Attorney Marian Morley denied Schutzman's claim that the City deliberately excluded bidders who wanted the cross demolished. She said the city advertised the auction in this newspaper, which is the City's official newspaper of record.

If voters approve the sale, the Armenian-American Council could take possession of the land by early next year. As part of the settlement of the Mount Davidson suit, the council has agreed to light the cross only two days a year and to refrain from building a church or other religious structure on the land. The restriction would apply to any future purchaser of the property.

Schutzman said his clients might appeal Chesney's decision barring them from intervening in the long running lawsuit, or they might file a separate lawsuit against the city.