From Deseret News archives:

Fireworks over leaflets in Taylorsville case

Published: Friday, June 30, 2006 9:47 p.m. MDT
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On a weekend where Utah communities will gather to celebrate freedom and independence, one city is experiencing some legal fireworks from an animal-rights group.

On Friday a federal judge issued a temporary restraining order against Taylorsville, ordering city officials to allow members of the Utah Animal Rights Coalition to talk with residents and hand out leaflets freely outside the confines of a city-created "free speech zone" during the city's "Taylorsville Dayzz" celebration this weekend.

The ruling comes after members of UARC filed a suit in U.S. District Court. The lawsuit claims that a Taylorsville city ordinance and Mayor Russ Wall's executive order creating the zone is unconstitutional and violates their right to voice their views.

Attorney Brian Barnard said city officials placed the free-speech zone near a parking lot and away from the events and crowd traffic.

On April 21, Wall issued an executive order establishing the zone to "assure peaceful protest and protecting citizens' First Amendment rights to free speech."

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"The 'free speech zone' created by the Executive Order for 'Taylorsville Dayzz' is distant from the people gathered for the event and is not near any pedestrian traffic route going into or out of the event. The 'free speech zone' is on the opposite side of a large parking lot from the main activities of Taylorsville Dayzz in the park," Barnard wrote in the lawsuit.

During an emergency hearing Friday afternoon, city attorney Peter Stirba said the ordinance was created after a different group, a religious group, shouted offensive statements at patrons at last year's event. On questioning by U.S. District Judge Bruce Jenkins, Stirba acknowledged that group had nothing to do with UARC. Stirba pointed out that patrons could approach the group if they wanted to.

Barnard said the First Amendment doesn't presume that people should actively seek speech, but rather people have a right to speak and be heard.

During sworn testimony, two UARC members said they simply approached people and offered a leaflet. If people did not seem interested, they did not pursue their views further. The group was trying to convince people to turn "vegan" in an effort to prevent the cruel treatment of animals.

Members did acknowledge that a few times they handed their literature to children and their parents, warning them that the leaflet contained graphic pictures of a cow with its throat cut and skinned animals.

Stirba argued that such behavior is something Taylorsville did not want to encourage.

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