Salt Lake officials stick with decision on Main Street sale

By The Associated Press

05.17.00

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SALT LAKE CITY — City Council members have "ratified and clarified" their much-disputed decision to sell a block of Main Street to the Mormon church.

The American Civil Liberties Union has filed two lawsuits protesting the sale, and the council's makeup has changed, but city leaders — including a reluctant Mayor Rocky Anderson — nonetheless are standing by the original decision.

"Much as I disagree with the action that was initially taken, a deal was struck," Anderson said. "We have to live by our agreement."

In December 1998, then-Mayor Deedee Corradini and Gordon B. Hinckley, president of the Church of Jesus Christ of Latter-day Saints, announced that the church would buy the street for $8.1 million. The church would turn the block into a pedestrian plaza linking its headquarters and Temple Square, and the public was to still have 24-hour access to the property.

Commissioners approved the transaction with one caveat: "that there be no restrictions on the use of this space that are more restrictive than is currently permitted at a public park."

But that condition disappeared somewhere in the process. Instead, the church was given the right to set rules for the plaza, including: no smoking, no skateboards, no unauthorized pamphlets, no protests.

The ACLU's federal lawsuit challenges the constitutionality of restricting free speech on the plaza. The other, filed in 3rd District Court, accuses city officials of knowingly dropping their own condition.

At City Attorney Roger Cutler's urging, council members amended the original ordinance yesterday in the hopes of avoiding the second lawsuit.

The amendment says that the "City Council finds that it is desirable to clarify any ambiguity regarding the meaning and intent of the conditions imposed" in the prior ordinance regarding the sale. The amendment provides that its purpose is to explain the process of the sale "in order to avoid the delay, cost and controversy related to continued litigation over those issues."

The charade and the mockery continues," ACLU attorney Stephen Clark said in response. "The council tonight proposes to rewrite history, but it can't erase the past."

Council members said they never intended for church officials to face inconveniences common to city parks, like swearing, sunbathing or loud music.

"I don't think that's conducive to that environment," said Councilman Roger Thompson. Three new council members — David Buhler, Nancy Saxton and Van Turner — voted to adopt the amendment, the first action they have publicly taken on the issue. Councilman Tom Rogan, the only non-Mormon on the board, rejected the amendment.

"The problem is one of twisted presentations," Rogan said. "One of the church officials said this would be a 'little bit of Paris.' It would have been better if they would have said it's going to be a little piece of the Vatican. Then the community's expectations at least would have been realistic."

Councilman Keith Christensen said the amendment was adopted to help explain the council's plan to the community.

"I was here last April," Councilman Keith Christensen said yesterday. "We had a very careful, very open, very deliberate discussion. This body understood exactly what it was doing. This action only helps others understand our intention."