SAN DIEGO -- The Boy Scouts of America-Desert Pacific Council was sued by the American Civil Liberties Union, which argued that the Scouts' lease of the park land for $1 a year violated First Amendment protections.

The Scouts hold another lease with the city for land on Fiesta Island in Mission Bay. That lease was not struck down and will instead be the subject of a trial.

The ACLU's original argument for nullifying the lease on the 18 acres in the Balboa Park was because the organization does not allow homosexuals or atheists to be members.

The Boy Scouts had a 50-year lease at the site in Balboa Park, which was not due to expire until 2007. The organization paid the city $1 a year.

In December 2001, the City Council renewed the lease for 25 years with a city option to extend the lease an additional 15 years. Under the new agreement, the Scouts will pay an annual $2,500 administrative fee.

The ACLU said in 2002 that the new lease outlines the group's argument based on provisions included in all city leases that prohibit discrimination based on sexual preference or religious beliefs. He said the original lease did not include such language but simply said those with city leases must abide by city rules and regulations.

San Diego City Attorney Casey Gwinn issued a news release after the decision that said his office would "analyze the decision and seek direction from the City Council."

The City Council has scheduled an Aug. 5 closed session to discuss the decision.

Previous Stories:

• December 5, 2001: City Council extends Boy Scout lease
• December 4, 2001: Council to take up Scout's land lease