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A San Diego judge ruled today against an effort by an atheist to block statements in a ballot initiative that will decide the fate of the historic cross on Mt. Soledad overlooking the Pacific.
As WorldNetDaily reported, atheist Phillip Paulson, represented by the ACLU, threatened five San Diego-area personalities with legal action over the proposed wording of the July 26 voter initiative.
The five behind the Mt. Soledad initiative are KFMB radio talk-show host Rick Roberts; KOGO radio talk-show host Roger Hedgecock; San Diego Padres radio announcer Jerry Coleman, Rep. Randy Cunningham, R-Calif.; and SoledadNational.com Director Phil Thalmeimer.
Voters will be able to decide if they want to transfer the city owned site to the federal government where it would be designated as a war memorial. Paulson contends the cross should be removed because it’s on government property.
An attorney for the five personalities, Charles LiMandri, said ACLU attorney Jame McElroy was visibly “not pleased with the decision of the judge.”
According to LiMandri, West Coast director for the Thomas More Law Center, the judge agreed to remove only four words and revised one out of the approximately 300 words in question.
The Superior Court judge, William Pate, also ruled that the name of Coleman will be allowed on the ballot as a signer in favor of the initiative. The opposition claimed the paperwork to include Coleman’s name was turned in too late.
Coleman, the well-known radio voice of the San Diego Padres, recently was elected to the Baseball Hall of Fame.
The ACLU’s McElroy had claimed that a number of statements by the area personalities on the ballot are “false and misleading.”
Some statements at issue included, “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 … .”