Mormon plaza ruled private property
By The Associated Press
01.03.01
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| New plaza built by Mormon Church on Main Street of Salt
Lake City as seen from 10th floor of Joseph Smith Memorial Building in October
2000. |
Editor's note: The ACLU filed an appeal to the decision on June 4.
SALT LAKE CITY — In a case that pitted free speech against
property rights, a federal judge ruled yesterday that the Mormon church's
Main Street Plaza is private property and that speech can be limited on the
block across from the church's headquarters.
U.S. District Judge Ted Stewart's summary judgment derailed the
American Civil Liberties Union's lawsuit against the city, which sold the
property to the church.
"It's just not right that a treasured public asset like
Main Street can be given over to one viewpoint," ACLU attorney Stephen
Clark said after the ruling, adding that he would advise his office to appeal
the ruling to the 10th U.S. Circuit Court of Appeals.
City Attorney Roger Cutler, however, said he was pleased with the
decision and confident that, if the case were appealed, they would win
again.
"We'd prefer to have it over. But you saw how decisively
the judge ruled. We feel that an appeal will be ruled the same way," he
said.
The ACLU claimed that speech and behavior restrictions that the city
allowed the church to institute violated the Constitution. The church was
allowed to join as a defendant in the case to defend its property rights.
Clark argued that the plaza was a public forum, saying that the
walkway through the plaza was a public sidewalk.
But Stewart sided with city and church attorneys, finding that the
easement allowing the public to walk through the plaza did not preserve speech
rights. He also said that there were other areas, including the public
sidewalks on either end of the plaza, where speech is protected.
The Mormon church's Main Street Plaza opened in October in the
heart of downtown Salt Lake City. The city sold the property to the Church of
Jesus Christ of Latter-day Saints for $8.1 million.
The terms of the sale included language restricting "offensive,
indecent, obscene, vulgar, lewd or disorderly speech, dress or conduct,"
as well as smoking, sunbathing and loud radios. Proselytizing would be limited
to Mormon missionaries.
Stewart avoided ruling on the specific restrictions. Those claims
would have to wait for another case because the plaintiffs had not been cited
for trespassing, he said.
Clark said he was unaware of anyone being kicked off the property. He
predicted that when that happened, it would spark a new lawsuit.
The ACLU sued on behalf of the First Unitarian Church, Utahns for
Fairness and the National Organization for Women.
Update
Mormon church can't bar free speech on plaza sidewalks
10th Circuit says Salt Lake City 'cannot create a "First Amendment-free zone." Their attempt to do so must fail.'
10.10.02
Previous
Salt Lake officials stick with decision on Main Street sale
City Council members have 'ratified and clarified' their much-disputed decision to sell block to Mormon church.
05.17.00
City attorneys defend sale of city block to Mormon church
Meanwhile, church asks to be named as a defendant to ACLU's federal lawsuit.
12.09.99
ACLU sues Salt Lake City over deal with Mormon church
Civil rights group says sale of Main Street block muzzles public's right to free speech, favors religion.
11.17.99
City attorney: Salt Lake won't renegotiate easement
State civil rights group had attacked deal between city, Mormon church as unconstitutional.
06.15.99
Tug of war continues over sale of street to Mormon Church
Attorney argues that Salt Lake City could not constitutionally allow church to dictate conduct on public street.
06.01.99
Salt Lake officials, Mormon church refuse to release data on sale of city block
Newspaper seeks information on how city officials worked with church attorneys to limit public access, free speech on plaza.
05.20.99
Salt Lake City attorney defends sale of street to Mormon church
State civil rights group says city officials cannot hand over public forum to religious group.
05.19.99
Mormons purchase portion of Utah public street, create code of conduct
Civil liberties group claims city-approved list violates First Amendment, has no place at a public place.
05.07.99
Related
Evangelical Christians arrested on Mormon plaza
Meanwhile, federal appeals court considers dispute over church's efforts to restrict behavior on former city property.
04.09.02
Federal judge, as expected, reverses order on Mormon plaza
Utah court was required to vacate its earlier ruling after 10th Circuit panel decided that church's speech restrictions violated First Amendment.
02.01.03
