MT. SOLEDAD VETERANS MEMORIAL

Filing For Hearing by the United States Supreme Court

On Thursday, February 9, 2012, the Mt. Soledad Memorial Association filled a petition with the United States Supreme Court regarding the case of the Mt. Soledad Memorial cross.

The goal of the petition is to request that the highest Court hear the case and ultimately reverse the decision made by the 9th Circuit Court of Appeals, which could potentially cause the removal of the cross from the Memorial.

The petition was filed, on behalf of the Association, by the Liberty Institute, Inc, the Texas legal firm representing us, pro bono. They are the same firm that successfully represented the VFW in the case of the Mojave Desert cross which was declared constitutional.

The cross litigation, which has been in the courts for over 20 years, involves only the cross. The Memorial Walls and plaques are in absolutely no jeopardy.

Timing for the response from the Supreme Court is unknown, but it is anticipated we will have more information in the next three to four months. As we receive news, we will promptly notify the Association Trustees and volunteers.

Mt. Soledad Cross Should Not Be Torn Down
Overseers of War Memorial Plan Appeal to U.S. Supreme Court

SAN DIEGO, October 17, 2011 – The full Ninth Circuit Court of Appeals declined to review or reverse the Ninth Circuit panel decision calling for the removal of the Mt. Soledad Veterans Memorial cross, a monument that has stood in San Diego honoring American soldiers for more than 56 years.

“Although we are disappointed that the Ninth Circuit denied requests to have the full court rehear this case, we are encouraged that five of the judges agree with us and believe the cross should stay,” said Kelly Shackelford, Esq., president of Liberty Institute and attorney for the Mount Soledad Memorial Association which oversees the monument. “With this encouragement and the recent ruling in favor of the Mojave Veterans Memorial, we plan to appeal to The Supreme Court.”

Represented by Liberty Institute and Morgan Lewis, the Mt. Soledad Memorial Association filed a motion in the Ninth Circuit Court of Appeals last April asking the full court to rehear the case following a panel ruling in January that declared the veterans memorial unconstitutional. The U.S. Department of Justice also filed a request for rehearing.

“People want this veterans memorial to remain as it is, from the thousands who visit it each month to honor our nation’s veterans, to the 76 percent of San Diegans who voted to give it to the Federal Government as a national veterans’ memorial,” said Col. Bruce S. Bailey, USAF (Ret), president of the Mt. Soledad Memorial Association, which oversees the memorial. “The Mt. Soledad Memorial Association is committed to preserving this veterans memorial so that future generations will also know the cost of freedom.”

The Mt. Soledad Veterans Memorial consists of six concentric walls with plaques honoring more than 2,800 veterans, brick steps, and a cross, which has been the target of litigation for the past 22 years because it sits upon government property.

Liberty Institute is a non-profit legal firm and policy organization dedicated to protecting First Amendment freedoms. The group also represented 4 million veterans of Veterans of Foreign Wars, The American Legion, and the Military Order of the Purple Heart in an effort to protect the Mojave Desert War Memorial from being torn down by the ACLU, which the U.S. Supreme Court ruled should stand. Visit www.LibertyInstite.org for more information.

Dear Friends of Mt. Soledad

I am pleased to share with you some very good news.  We now have the financial resources needed to complete the Mt. Soledad Veterans Memorial in accordance with the original architectural plans approved by the Navy and consistent with the Memorandum of Understanding between our two organizations.  The work that remains to be accomplished this year includes capping the Memorial Walls, providing power to the site, which will allow lighting the walls, walkways and flag and installing an Electronic Information Center.  In addition, We will also make repairs to the walkways, steps and railings.

The new Information Center will be a wonderful source of information for those who come to the site.  It will allow visitors to view a specific plaque and see its exact location on the Memorial Walls.  It will also provide current and historical information about the Memorial, upcoming events, how to purchase a plaque or brick paver, benefits of membership in the Association and much more.

Sincerely,

William J. Kellogg
Chairman and CEO
Board of Trustees