In 2003, Judge Napoleon A. Jones Jr. of the United States District Court for the Southern District of California ruled that the Boy Scouts of America is, by its own admissionU.S. Ninth Circuit issues order in San Diego appeal , BSAlegal, 2008-6-11, Retrieved 2008-09-6 a religious organization — and therefore that the non-market rate lease was in violation of the Establishment Clause of the Constitution. A subsequent settlement between the ACLU and San Diego provided for the Scouts' continued ability to use the facilities.
