In San Diego, California yesterday, a federal judge moved to enforce a permanent injunction that he first issued in 1991, requiring the city of San Diego to remove the cross that sits atop Mt. Soledad. For over a decade the city has sought ways to avoid the ruling, most recently by trying to transfer the property on which the cross sits to the federal government. That attempt was struck down by a state trial court as unconstitutional under California's constitution, but the decision is on appeal. But now, according to yesterday's San Diego Tribune, U.S. district judge Gordon Thompson is threatening to fine the city of San Diego $5000 per day if it does not remove the cross. Of course, Thompson's order to comply may be appealed. Here are prior postings tracing the long history of this dispute: 1, 2, 3, 4, 5.
UPDATE: At a rally on Saturday, San Diego Mayor Jerry Sanders urged City council to authorize an appeal of Judge Thompson's ruling to the U.S. 9th Circuit Court of Appeals. City Attorney Michael Aguirre, however, thinks that the city has a weak case. (San Diego Union-Tribune, May 7.)
