Atheist Throws Legal Challenge at Wording of Mt. Soledad Cross Ballot Initiative
by James L. Lambert
June 3, 2005
(AgapePress) - James McElroy, the attorney for atheist Philip Paulson, has told five San Diego area personalities that he will file a legal challenge next week to the proposed wording of a July 26 City of San Diego ballot initiative. The initiative will determine the fate of the 43-foot cross located on city land atop Mt. Soledad in nearby La Jolla. The area personalities identified in the threat include KFMB radio talk-show host Rick Roberts, KOGO radio talk-show host Roger Hedgecock, San Diego Padres baseball club announcer Jerry Coleman, Congressman Randy "Duke" Cunningham, and SoledadNational.com director Phil Thalmeimer. All five men recently signed off on the wording for the July 26 city-wide initiative.
McElroy claims that a number of their statements on the ballot are "false and misleading." Some statements at issue include, "as in the case with Mount Soledad, wherever veterans are honored with the symbols of the fallen, an intolerant few will launch frivolous lawsuits that waste our tax dollars ...." Another statement being challenged says, "in 2004, the President of the United States signed legislation designating the Mount Soledad site as a 'National War Memorial,' necessitating the land transfer." Other wording that will be legally challenged includes the sentence, "Vote Yes to transfer the land to the federal government and to permanently preserve Mount Soledad -- as it is where it is."
On Friday, Roberts indicated by phone that he and the others "will defend the wording in court." While there has been "a legal challenge against all five of us, I think we will prevail in court." Roberts stressed that this issue is important for those who want to preserve the heritage of San Diego, which includes the La Jolla cross. Donations for that cause are being taken by both radio announcers and at SoledadNational.com.
Roberts also appears as a regular stand-in for Michael Savage's nationally syndicated radio show, while Hedgecock substitutes for Rush Limbaugh occasionally. Coleman was recently elected to the Baseball Hall of Fame as a radio announcer. Induction ceremonies are to take place this summer.
AgapePress, is the author of Porn in America (Huntington House), which can be purchased through the American Family Association. He is a licensed real-estate mortgage loan sales agent and can be contacted through his website.
