From Deseret News archives:

Plaza suit is dismissed

Federal judge rejects ACLU's conspiracy claims

By Brady Snyder
Deseret Morning News

Published: Monday, May 3, 2004 10:55 p.m. MDT

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"I can't say we're surprised, but we are disappointed," she said. "We've had experience with this issue at the district court level before."

The initial Main Street Plaza suit came after the city sold a block of Main Street to the LDS Church in 1999 for $8.1 million. In that sale, the city reserved a public-access easement across the plaza but gave the church the authority to prohibit on-plaza protests and proselytizing, certain dress and other behavior the LDS Church finds offensive.

The ACLU sued, arguing that the city cannot have public access on the plaza while forbidding certain types of speech or other First Amendment protections.

U.S. District Court Judge Ted Stewart, who is LDS, ruled against the ACLU, but the 10th Circuit Court of Appeals in Denver overturned his ruling in October 2002, leading to Anderson's Unity Center deal two months later.

The mayor, himself a trial attorney and former ACLU of Utah board member, said Monday that Kimball's ruling was "exceptionally thoughtful and well reasoned. . . . I don't think there's any legal merit to this lawsuit. I never did."

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Anderson urged the ACLU and its plaintiffs, including Siegel and four religious and political groups, to "conscientiously consider whether there are any good reasons to spend more time, money and energy on this matter."

"We should put closure on it and move forward."

Kimball stressed words from the 10th Circuit's initial plaza ruling several times in his ruling Monday. Then, the appellate court said the city could either keep the easement and allow free speech on the plaza or "relinquish the easement so the parcel becomes entirely private."

The city did just that, Kimball said.

"The property at issue is now entirely private," the ruling states. It is a "church-owned plaza devoid of any government property interests that could possibly create a public forum."

Even Eyer admitted Monday the city had "crossed all its t's and dotted its i's" in crafting the deal, adding, however, the city shouldn't be proud, since she still feels its intention was to silence LDS Church critics on the plaza.

E-mail: bsnyder@desnews.com