Federal judge, as expected, reverses order on Mormon plaza

By The Associated Press

02.01.03

Printer-friendly page

SALT LAKE CITY — A federal judge has reversed his ruling on the Main Street plaza, now saying the church can’t enforce speech restrictions on the disputed section of downtown.

This week’s ruling by U.S. District Judge Ted Stewart was expected. He was required to enter it after a three-judge panel of the 10th U.S. Circuit Court of Appeals decided that speech and behavior restrictions violated the First Amendment — overturning Stewart’s original ruling in the case.

Stewart’s new order makes enforceable the appeals court’s decision, though the restrictions have not been in place since the ruling.

In vacating his previous decision, Stewart said the easement the city retained through the plaza when the street was sold to the church in 1999 is a public forum. He wrote the restrictions are “facially invalid under the free speech clause of the First Amendment.”

The church had banned assembling, demonstrating, pamphleteering and engaging in “offensive, indecent, obscene, vulgar, lewd or disorderly speech, dress or conduct.” It also banned smoking and bicycling, but those regulations were not challenged in court.

Attorneys for the Church of Jesus Christ of Latter-day Saints and the city previously had urged Stewart to delay entering a judgment because Mayor Rocky Anderson is now proposing the city vacate the easement in exchange for church property in a west-side neighborhood.

A community center is proposed for that land. The city also noted in its brief that the church had “voluntarily allowed First Amendment activity to occur.”

Janelle Eurick, attorney for the Utah chapter of the American Civil Liberties Union, said Stewart’s judgment would not prevent the city from enacting the mayor’s proposal, which could allow the church to re-impose the restrictions.

The ruling will allow the ACLU, which sued the city over the restrictions, to recoup attorney’s fees from the city and the church.

Previous

Full appeals court won't hear Mormon church's appeal
Church plans to ask Supreme Court to overturn 10th Circuit panel's ruling protecting free speech on Main Street plaza.  11.15.02

Related

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

Mormon plaza ruled private property
ACLU loses suit against Salt Lake City as federal judge finds speech can be limited around Mormon church headquarters.  01.03.01