In 2000, the Breens and the Barnes-Wallaces, aided by the American Civil Liberties Union, sued the city, alleging that the lease was unconstitutional.

Only persons willing to subscribe to these precepts of the Declaration of Religious Principle and to the Bylaws of the Boy Scouts of America shall be entitled to certificates of membership.The original lease for Camp Balboa was entered into in 1957 for a period of 50 years.

The Boy Scouts also built nine campsites, made extensive improvements to the property, and maintains all of the facilities of Camp Balboa.

In 1987, the City entered into a 25-year lease with the Boy Scouts for a half acre parcel of public parkland located on Fiesta Island in Mission Bay Park.

The Fiesta Island Facility Committee, which was composed of more than 40 organizations serving youth in the San Diego area, had identified the Boy Scouts as the entity best able to provide the funding for construction and maintenance of a community aquatic park, and to run its operations.

In lieu of cash rent, the Boy Scouts committed to build the San Diego Youth Aquatic Center on Fiesta Island.

"[6] Both leases include nondiscrimination clauses prohibiting the Boy Scouts from discriminating in access to the properties against non-scouting individuals and organizations based on religion and sexual orientation.

The terms of the renewal lease require the Boy Scouts to spend at least $1.7 million over the next seven years on improvements, remodeling, and new construction.

The United States Department of Justice and the American Civil Rights Union, a non-partisan legal policy organization, submitted an amicus brief on behalf of the Boy Scouts.

and that "The Boy Scouts have repeatedly and pointedly refused to support the City in helping to pay any of the potential attorney's fees involved in this case.