Humanist Society of Santa Barbara - Newsletter March 2002

Some of you may remember Dave Kong, California State Director of American Atheists, who discussed his Mt. Davidson cross case at our meeting. Since that meeting, I have stayed in touch with Dave who recently sent me an update of the status of his case which I'd like to pass on to you here.

For those who did not hear Dave's presentation, this case involves a very large cross which was erected on public park property on Mt. Davidson in the Bay area. Leaving out many interesting and important details, a small parcel of land containing the cross was sold to a private group with the proviso that they maintain the status quo, including no fences or other indications that the cross is actually on private property, not part of the public park. Both the outcome and the process used to achieve the desired ends were constitutionally flawed (to put it mildly). Dave and a co-defendant filed suit to reverse the sale. They lost the case and appealed the decision to the Ninth Circuit Court of Appeals. We heard from Dave while the appeal was pending.

We pick up the story, then, with the Appeal decision. Quoting from Dave's e-mail:

******************************
NINTH CIRCUIT COURT OF APPEALS RULING
RE: TRANSFER OF MT. DAVIDSON CROSS
KONG V. CITY AND COUNTY OF SAN FRANCISCO

On September 5, the Ninth Circuit Court of Appeals ruled that the City of San Francisco's sale of the Mt. Davidson cross to a private organization and its continued presence within Mt. Davidson Park are not constitutional violations because the cross is no longer on public property.

Just a few weeks before the northern district court ruled on Kong, the Southern California district had ruled on Paulson v. City of San Diego, another case involving the sale of a public cross to a private group. The circumstances are similar, and the Kong legal argument was, in part, based on their claim. Unfortunately, the appeals court ruled against Paulson first, which set the precedent for the Ninth Circuit. The northern district had to render a decision consistent with the binding precedent.

However, northern district judge William Canby, Jr., a former professor of constitutional law, agreed with the plaintiff's position. He issued a statement in conjunction with the unpublished decision in Kong:

...Were I deciding this case without the constraint of our very recent decision in Paulson v. City of San Diego, however, I would conclude that the present arrangement violates the State's 'no preference' clause and the Constitution's Establishment Clause. I find it highly significant that the land in question was part of a public park that had an impermissible religious cross on it, and then was conveyed to private parties WITH A REQUIREMENT THAT THE LAND REMAIN OPEN TO THE PUBLIC [emphasis in original]. From the public's viewpoint, nothing has really changed; the land that was public as part of the park remains public despite the change of title, and the religious display remains on it... In essence, the land has become a public forum in which only one group can maintain a particular religious symbol... The City's disclaimers, although well-phrased and explicit, are not enough, in my view, to overcome the perception arising from the actual use of the land. [citations omitted]

My views, however, now appear to be irreconcilable with Paulson, which at least for the moment is the law of our circuit. I therefore concur in the judgment under its compulsion.

In a footnote, Judge Canby points out that the majority is misinterpreting a statement made by the court in Ellis v. City of La Mesa to mean that a religious symbol is constitutional as long as it is not on public property:

I do not agree with the majority's interpretation of the statement in Ellis v. City of La Mesa, that '[a]s a threshold consideration, we must determine if the display is on public property.' That statement was simply an introduction to the analysis in the context of that case; it did not announce a rule that a local government could never violate the 'no preference' clause when the religious display is on private property. Certainly sale by a city of a tiny plot in a park on condition that the purchaser maintain a particular religious symbol on it would violate the 'no preference' clause. [citations omitted].

It is unusual for a judge to issue a separate statement as Canby did. However, when a judge does so, it is considered a "beacon" that the decision should be appealed. This is especially true with Canby's comment about Paulson, "...which at least for the moment is the law of our circuit," which indicates that he expects that decision to be appealed, and possibly overturned.

This means though, that the San Diego decision must be overturned before our decision can be reversed. If the San Diego plaintiffs asked for an en banc hearing alone, their chance of having the hearing granted would not be as great as it would be if we also filed an en banc hearing. In other words, we really HAD to file for the en banc hearing. Without our filing, we could have blown San Diego's chances of getting a hearing, and if they were granted a hearing and won without our filing, then we would have lost our chance to appeal our decision anyway.

At this point, we have only received a notice from the court that our decision has been stayed (put on hold) pending the outcome of the Paulson case. The Paulson plaintiff has not heard from the court about their en banc hearing yet, but should probably hear from them soon.
******************************

Dave closed his message with a discussion of the financial impacts of this process, which have been enormous. The analogy to Dave and Goliath is uncanny. Here we have two individuals plus some limited organizational backing taking on the City and County of San Francisco. Their tactics to date have explicitly been to grind down the litigants with endless costs and delays. As an American Atheist affiliate, we should support Dave's efforts to the maximum extent possible. Please let me know what your opinion is on what we should do.

Born in New York in 1925 to non-observant Jews, Joan carries no religious baggage. Her parents, whom she describes as Socialist oriented, were more interested in education than religion. After she attended three years at the High School of Music and Art, they sent her to a private school from which she graduated at age 16. She then entered Olivet College, a small progressive school in Michigan. She graduated with a B. A. in English in 1946 and that same year married Jerry who had just returned from the service.

The couple bought a chicken house in the outskirts of Olivet on Drury Lane (an omen of things to come) on which they both labored to make a suitable human nesting place. They lived there during the turbulent years when Jerry and Joan organized campus groups to fight post-war racial and political discrimination. The resultant student strike brought national attention when the conflict was reported in "Life" and "Time" magazines. During this time, the couple's first child, Karen, was born. After admitting defeat at Olivet, Jerry went to Macalester College to finish his education, and eventually they moved to San Bernardino for Joan's health. Here, their second daughter Fritha (named for Paul Gallico's book Snow Goose) was born. Here, too, Joan worked part time as a social worker and wrote freelance articles.

They moved to the Arrowhead area where they opened a bookstore which Joan operated. After she received an M. A. in English from Redlands University, the store became classroom when she taught a literature course there. In 1980, the Fallerts moved to Santa Barbara when Fritha entered UCSB. In that same year, Joan received an Adult Education credential and was hired to teach a literature class which she has taught ever since. Over the past twenty years, she has guided students to a greater understanding and appreciation of nearly 200 books. In 1994, when the well-loved writing teacher Bill Downey died, Joan was asked to take over his "Recollecting and Writing" class. Later she was asked to teach the same subject in Carpinteria. Her classes are some of the best attended in the adult ed. program; forty students - mostly seniors who return year after year - enjoy her humor and gentle, but skilled, instruction.

Robert Bernstein suffered serious injuries on February 6 when a car hit him while he was riding his bike. He was treated at Santa Barbara Cottage Hospital, and discharged from there on February 14. Members signed a Get Well card for him at our last meeting.

An adaptation of Ellen Jackson's children's book "Scatterbrain Sam" is being staged by the Ensemble Theatre Company on Saturday February 23 (noon) and Saturday March 2 (noon & 2:30).

Dick Cousineau is on the advisory board of the Quire of Voyces, a 24-voice a cappella choir sponsored by Santa Barbara City College. They present sacred choral music of the Renaissance and 20th century.

We have learned of the death of one of early members, Paul Frank. Many will remember him while he was a member in the late 1990s. Paul was an active debater with an inquisitive mind and a sharp, insightful, wit. Our sympathies to his widow, Percilla.

Hope Smith would find it very helpful to be informed whenever one of our members is in the news - and that doesn't mean just Letters to the Editor. Despite our common humanism we're a diverse lot and may be found in other places than the editorial pages of the News-Press, Independent, and Valley Voice.

Hope's e-mail address is: hsmith1923@aol.com and her phone (with answering machine) is 967-5143. Many thanks for your cooperation!

Humanist Society of Santa Barbara Newsletter for March 2002
Humanist Film Series Social Scene Chairman's Column Getting to Know You - Joan Fallert		Here and There - This and That Harry Schwartzbart - Upcoming Speaker Web Site of the Month
Secular Humanism is a philosphy of life guided by reason and science, free from religious dogma, motivated by an appreciation of life and the life of others, seeking to reach goals of human happiness, personal freedom and growth with responsibility and understanding on this earth, in this life, at this time. We meet at 3pm on the 3rd Saturday of each month at Jefferson Hall, 1535 Santa Barbara St., Santa Barbara. If you would like a copy of this bulletin mailed to a friend or someone you believe would be interested in our Society please drop a line to us with their name and address to P.O. Box 30232, Santa Barbara, CA 93130.
BULLETIN OF THE HUMANIST SOCIETY OF SANTA BARBARA 2001 - 2002 OFFICERS OF YOUR SOCIETY Chairman: Roger Schlueter 962-6316 rogers@west.net Secretary & Web Meister: Colin Gordon 682-0545 colin3@juno.com Editor: Dick Cousineau 687-2371 rcous1geol@aol.com Treasurer: Russ Boggie 564-6086 rusans@mac.com Programs: Bea Duncan 964-3109 duddle4@home.com Social Director: Anne Rojas 564-6086 rusans@mac.com Membership: Mary Wilk 967-3045 wilk@electromatic.com Archivist: Hope Smith 967-5143 hsmith1923@aol.com Major Events Coordinator: James Kimberly 969-9686 drdoboy@home.com Member At-Large: Art Brody 692-8898 brodybiz@silcom.com Publicity: Mariette Risley 965-3866 Interviews: Lottie White 681-9863 lbwhite40@worldnet.att.net "God, especially in times of crisis, has more spokespeople than Amway," wrote Miami Herald columnist Leonard Pitts, Jr. Writer Joseph Sobran offered a sharp comment on educational decline: "In one century we went from teaching Latin and Greek in high school to offering remedial English in college."		HERE IS A LIST OF OUR SPECIAL INTEREST GROUP LEADERS Book Discussion, Theater, Symphony Annette Goodheart - 966-0025 Beginning Spanish Conversation Russ Boggie Gourmet Dining Emilie Hight Intermediate Chess Lois Crowell Creative Writing Verdun Trione Intermediate Bridge May Smith Travel Club Jossette Barskey Hiking and Walking Louis Barskey Summer Solstice Party Bob Michael Refreshments at Meetings Diane Freeman & Parkie Parker Hospitality Committee Position Open - Volunteer needed Diane Freeman For additions, suggestions,or comments on these or any other social aspects of our group please contact Anne Rojas, 564-6086 (rusans@mac.com) "When I was 40, my doctor advised me that a man in his 40s shouldn't play tennis. I heeded his advice carefully and could hardly wait until I reached 50 to start again."
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SOCIAL SCENE by ANNE ROJAS Our February meeting drew 28 persons to Dining Out after our program. Our speaker, while self identifying as "a person of faith," seemed genuinely appreciative of the dinner invitation which she declined due to a bad cold. Sizzler continues to be a good choice for us. They set up tables of 6 persons for optimal conversation, the food and service are good and the price is right! Look at the web site for the next month's location. (We are undecided at the moment due to the booksigning requirements of our March speaker.) Our Special Interest Groups are meeting with limited success. We had hoped for more response as many of the membership had remarked that they wished to get to know people better. I have hopes that the participation will increase. Please refer to your Feb. newsletter to see what groups might be of interest to you. You are always welcome to start you own. Call me if I can be of help. We have 40 T-shirts for sale. They are a heavy cotton with collar and pocket and emblazoned with our HSSB logo. Support your organization and wear your shirt proudly! You can wear them to meetings or just out and about. Come out of the closet!! We have attracted new members who saw some current members sporting the shirts... Price is $21. I have a variety of sizes. The last Sunday of the month Brunch (Feb. 24th) will be at the Greek Restaurant in Ventura Harbor. We will breakfast with the Ventura Freethinkers. Meet at the Mid-State Bank near the Milpas roundabout for carpooling. Departure time is about 9:30.AM. Call Chairman Roger if you plan on going. Please call Diane Freeman (cookies) 964 8603 or Parkie Parker 965 8333 (drinks) for your refreshment contributions. Your turn will come less than once a year. Choose your month or they will be calling you! As you know by now, Paul MacCready has cancelled his appearance on March 16. The slot has been filled, and here is the new schedule: March 16. Harry Schwartzbart, President, San Fernando Valley chapter of Americans United for the Separation of Church and State. Subject to be announced. April 20. Victor Stenger, Physicist and activist. "Has Science Found God?" (please note: this program may be reformulated to take place at City College instead of Jefferson Hall. Plans in process. Stay tuned.) May 18. John Baldwin, Sociology, UCSB. 'Win-Win Living"
Top of Page CHAIRMAN'S COLUMN by ROGER SCHLUETER Mt. Davidson Revisited Some of you may remember Dave Kong, California State Director of American Atheists, who discussed his Mt. Davidson cross case at our meeting. Since that meeting, I have stayed in touch with Dave who recently sent me an update of the status of his case which I'd like to pass on to you here. For those who did not hear Dave's presentation, this case involves a very large cross which was erected on public park property on Mt. Davidson in the Bay area. Leaving out many interesting and important details, a small parcel of land containing the cross was sold to a private group with the proviso that they maintain the status quo, including no fences or other indications that the cross is actually on private property, not part of the public park. Both the outcome and the process used to achieve the desired ends were constitutionally flawed (to put it mildly). Dave and a co-defendant filed suit to reverse the sale. They lost the case and appealed the decision to the Ninth Circuit Court of Appeals. We heard from Dave while the appeal was pending. We pick up the story, then, with the Appeal decision. Quoting from Dave's e-mail: **************************** NINTH CIRCUIT COURT OF APPEALS RULING RE: TRANSFER OF MT. DAVIDSON CROSS KONG V. CITY AND COUNTY OF SAN FRANCISCO On September 5, the Ninth Circuit Court of Appeals ruled that the City of San Francisco's sale of the Mt. Davidson cross to a private organization and its continued presence within Mt. Davidson Park are not constitutional violations because the cross is no longer on public property. Just a few weeks before the northern district court ruled on Kong, the Southern California district had ruled on Paulson v. City of San Diego, another case involving the sale of a public cross to a private group. The circumstances are similar, and the Kong legal argument was, in part, based on their claim. Unfortunately, the appeals court ruled against Paulson first, which set the precedent for the Ninth Circuit. The northern district had to render a decision consistent with the binding precedent. However, northern district judge William Canby, Jr., a former professor of constitutional law, agreed with the plaintiff's position. He issued a statement in conjunction with the unpublished decision in Kong: ...Were I deciding this case without the constraint of our very recent decision in Paulson v. City of San Diego, however, I would conclude that the present arrangement violates the State's 'no preference' clause and the Constitution's Establishment Clause. I find it highly significant that the land in question was part of a public park that had an impermissible religious cross on it, and then was conveyed to private parties WITH A REQUIREMENT THAT THE LAND REMAIN OPEN TO THE PUBLIC [emphasis in original]. From the public's viewpoint, nothing has really changed; the land that was public as part of the park remains public despite the change of title, and the religious display remains on it... In essence, the land has become a public forum in which only one group can maintain a particular religious symbol... The City's disclaimers, although well-phrased and explicit, are not enough, in my view, to overcome the perception arising from the actual use of the land. [citations omitted] My views, however, now appear to be irreconcilable with Paulson, which at least for the moment is the law of our circuit. I therefore concur in the judgment under its compulsion. In a footnote, Judge Canby points out that the majority is misinterpreting a statement made by the court in Ellis v. City of La Mesa to mean that a religious symbol is constitutional as long as it is not on public property: I do not agree with the majority's interpretation of the statement in Ellis v. City of La Mesa, that '[a]s a threshold consideration, we must determine if the display is on public property.' That statement was simply an introduction to the analysis in the context of that case; it did not announce a rule that a local government could never violate the 'no preference' clause when the religious display is on private property. Certainly sale by a city of a tiny plot in a park on condition that the purchaser maintain a particular religious symbol on it would violate the 'no preference' clause. [citations omitted]. It is unusual for a judge to issue a separate statement as Canby did. However, when a judge does so, it is considered a "beacon" that the decision should be appealed. This is especially true with Canby's comment about Paulson, "...which at least for the moment is the law of our circuit," which indicates that he expects that decision to be appealed, and possibly overturned. This means though, that the San Diego decision must be overturned before our decision can be reversed. If the San Diego plaintiffs asked for an en banc hearing alone, their chance of having the hearing granted would not be as great as it would be if we also filed an en banc hearing. In other words, we really HAD to file for the en banc hearing. Without our filing, we could have blown San Diego's chances of getting a hearing, and if they were granted a hearing and won without our filing, then we would have lost our chance to appeal our decision anyway. At this point, we have only received a notice from the court that our decision has been stayed (put on hold) pending the outcome of the Paulson case. The Paulson plaintiff has not heard from the court about their en banc hearing yet, but should probably hear from them soon. ************************** Dave closed his message with a discussion of the financial impacts of this process, which have been enormous. The analogy to Dave and Goliath is uncanny. Here we have two individuals plus some limited organizational backing taking on the City and County of San Francisco. Their tactics to date have explicitly been to grind down the litigants with endless costs and delays. As an American Atheist affiliate, we should support Dave's efforts to the maximum extent possible. Please let me know what your opinion is on what we should do. Roger Top of Page GETTING TO KNOW YOU JOAN FALLERT Joan Fallert wears (or has worn) many hats,. Poet, teacher, activist, feminist, actor, wife, mother, grandmother, and great-grandmother, she is a fast change artist, switching from one headgear to another in record time. Born in New York in 1925 to non-observant Jews, Joan carries no religious baggage. Her parents, whom she describes as Socialist oriented, were more interested in education than religion. After she attended three years at the High School of Music and Art, they sent her to a private school from which she graduated at age 16. She then entered Olivet College, a small progressive school in Michigan. She graduated with a B. A. in English in 1946 and that same year married Jerry who had just returned from the service. The couple bought a chicken house in the outskirts of Olivet on Drury Lane (an omen of things to come) on which they both labored to make a suitable human nesting place. They lived there during the turbulent years when Jerry and Joan organized campus groups to fight post-war racial and political discrimination. The resultant student strike brought national attention when the conflict was reported in "Life" and "Time" magazines. During this time, the couple's first child, Karen, was born. After admitting defeat at Olivet, Jerry went to Macalester College to finish his education, and eventually they moved to San Bernardino for Joan's health. Here, their second daughter Fritha (named for Paul Gallico's book Snow Goose) was born. Here, too, Joan worked part time as a social worker and wrote freelance articles. When Jerry became active in community theatre and civic light opera, and Joan played Liat in "South Pacific" and later had roles in "Dear Liar," "Two for the Seesaw," and "The King and I," the Drury Lane prophecy was fulfilled. They moved to the Arrowhead area where they opened a bookstore which Joan operated. After she received an M. A. in English from Redlands University, the store became classroom when she taught a literature course there. In 1980, the Fallerts moved to Santa Barbara when Fritha entered UCSB. In that same year, Joan received an Adult Education credential and was hired to teach a literature class which she has taught ever since. Over the past twenty years, she has guided students to a greater understanding and appreciation of nearly 200 books. In 1994, when the well-loved writing teacher Bill Downey died, Joan was asked to take over his "Recollecting and Writing" class. Later she was asked to teach the same subject in Carpinteria. Her classes are some of the best attended in the adult ed. program; forty students - mostly seniors who return year after year - enjoy her humor and gentle, but skilled, instruction. Joan and Jerry support all the arts - you'll meet them at theatres, concert halls, galleries, and museums - but poetry is Joan's first love. She began writing it, herself, when they moved to S. B. and has never stopped. Her poems appear in the anthology Shared Sightings and in an English Literature text book. They show her deep love of language, and her use of its power to describe and to move, and to present abstract ideas. The Fallerts also support liberal causes. Although a feminist in the sense that she believes women can be or do anything they wish, she considers motherhood a noble profession. Family comes first in her life. At the same time, however, she is a member of League of Women Voters, and recently became an enthusiastic member of the Humanist Society - the latest hat of the many she wears so well! Top of Page HERE AND THERE - THIS AND THAT** MEMBERS IN THE NEWS Robert Bernstein suffered serious injuries on February 6 when a car hit him while he was riding his bike. He was treated at Santa Barbara Cottage Hospital, and discharged from there on February 14. Members signed a Get Well card for him at our last meeting. An adaptation of Ellen Jackson's children's book "Scatterbrain Sam" is being staged by the Ensemble Theatre Company on Saturday February 23 (noon) and Saturday March 2 (noon & 2:30). Dick Cousineau is on the advisory board of the Quire of Voyces, a 24-voice a cappella choir sponsored by Santa Barbara City College. They present sacred choral music of the Renaissance and 20th century. We have learned of the death of one of early members, Paul Frank. Many will remember him while he was a member in the late 1990s. Paul was an active debater with an inquisitive mind and a sharp, insightful, wit. Our sympathies to his widow, Percilla. REQUEST FROM OUR ARCHIVIST Hope Smith would find it very helpful to be informed whenever one of our members is in the news - and that doesn't mean just Letters to the Editor. Despite our common humanism we're a diverse lot and may be found in other places than the editorial pages of the News-Press, Independent, and Valley Voice. Hope's e-mail address is: hsmith1923@aol.com and her phone (with answering machine) is 967-5143. Many thanks for your cooperation! BILL EDELEN now has his own web-site where you can keep up to date on his latest activities, opinions, etc. This will be especially useful now that he has been reduced to a once-a-month presence in the News-Press. Bill is at http://www.williamedelen.com
1 million bicycles = 2 megacycles 365.25 days = 1 Unicycle 500 millionaires = 1 seminary 2000 mockingbirds = two kilomockingbirds 10 cards = 1 decacards 1 kilogram of falling figs = 1 Fig Newton 1000 grams of wet socks = 1 Liter Hosen 1 millionth of a fish = 1 microfiche 1 trillion pins = 1 terrapin 1 million billion piccolos = 1 gigolo 10 rations = 1 decoration 100 rations = 1 C-ration		My atheism, like that of Spinoza, is true piety towards the universe and denies only gods fashioned by men in their own image, to be servants of their human interests. George Santayana, Soliloquies in England
Top of Page WEB SITE OF THE MONTH by COLIN GORDON How about some light atheism this month? But before entering this site www.abarnett.demon.co.uk/atheism/index.html you should be aware of the opening header: "WARNING! This page contains information and ideas which may be disturbing or offensive to people with a strong belief in a deity." Here are two items from the many to be found here: Theists from all religions are having increasing difficulty making their prayers heard, churches report. God seems to be acknowledging far fewer prayers today than just a few decades ago.Vatican Scientists claim that this problem is due to the accumulation of "space junk" in low-earth orbit. It is even suspected that some satellites are deploying "prayer panels" as well as solar panels, to absorb some of the power of prayer to facilitate the broadcast of red hot pornography to Eastern Europe. Leading religious figures are outraged. But worry no more! The Bible Harness is now available. This high quality harness has been hand-crafted from soft yet strong leather (also available in simulated-leather for vegetarians), and is easily adjustable to accommodate a wide range of Bible weights and sizes, as well as head sizes. Suitable for holding all interpretations and rewrites of the infallible ancient scriptures, from the New King James version to the Book Of Mormon. Happy surfing. Colin Gordon
Biographical Information Concerning Our upcoming Speaker: Harry Schwartzbart, who has supported Americans United for Separation of Church and State almost since its inception in 1947, is a metallurgist by profession, a musician and Shakespeare scholar by avocation, and since 1994, an avid activist in the area of church/state relations. After a successful career in engineering management, he took early retirement from Rockwell International in 1983, and hung out his shingle as a Metallurgical consultant to industry and law firms dealing with product liability litigation, areas in which he is still very active when not pursuing his interest in the separation of Church and state. Mr. Schwartzbart is the founding President of the San Fernando Valley Chapter of Americans united for Separation of Church and State, now the largest chapter in the United States, and is a member of its National Advisory Council.		Loss of liberties greater threat In the aftermath of the faith-based terrorist attacks of Sept. 11, there have been renewed assaults against freedom of religion. The greatest threat to Americans comes not from abroad, but from our own government leaders treading on our civil liberties. Citizens must demand a return of basic freedoms, especially freedom of religion. Who could address the meaning of the religion clauses of the First Amendment with more authority or clarity than Thomas Jefferson or James Madison? Jefferson: "I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibit the free exercise thereof, thus building a wall of separation between church and state." Madison: "Strongly guarded as is the separation between religion and government in the Constitution of the United States, the danger of encroachment by ecclesiastical bodies may be illustrated by precedents already furnished in their short history." Further, George Washington set into motion, and John Adams signed into law, the Treaty with Tripoli, which states without equivocation: "As the government of the United States of America is not in any sense founded on the Christian religion ..." Larry Darby, Montgomery, AL

Humanist Society of Santa BarbaraNewsletter for March 2002

Humanist Society of Santa Barbara
Newsletter for March 2002