While the City of San Diego had been a co-defendant, after the 2003 decision and a failed appeal the city council withdrew from the lawsuit and agreed to a $950,000 settlement to the ACLU to cover legal fees. The City Attorney issued a statement regarding the decision, stating that "During the course of the case, however, and without forewarning the City as to its position, the Boy Scouts admitted in court documents that it was in fact a 'religious organization.'" 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. They want the City taxpayers to continue to argue the case even though they have acknowledged that they are a religious organization and even though they refuse to share in the potentially enormous attorney's fee award that will be ultimately awarded to plaintiffs who have already prevailed in Judge Jones' ruling noted above."