Don't Amend backers undaunted by Herriman rebuff

Those seeking to overturn a proposed state constitutional amendment that would ban gay marriage are undaunted by the Herriman mayor's decision to exclude their message from that city's festival this past weekend.

The Don't Amend Alliance has plans to campaign — with the goal of convincing Utahns to vote against the amendment which will be on this November's ballot — at Independence Day celebrations along the Wasatch Front.

The alliance's application for a voter information booth on the issue at last weekend's Fort Herriman Days festival was rejected. Scott McCoy, head of Don't Amend, said he was told last Friday that Herriman didn't want "our kind" of booth there.

McCoy said the alliance has a policy of "full disclosure" of its purpose when attending such events, and this is the first time an application has been rejected. "The point is to be open on the issue," he said.

Herriman Mayor Lynn Crane was out of town and unavailable for comment. Speaking for the city, administrative assistant Lynda White said the rejection had nothing to do with Don't Amend's cause. She said Crane simply did not want the city's festival to become a political event.

"The mayor just did not want anything that could become controversial to some people, something that may offend even a few people," she said. "We were not allowing any political booths."

McCoy said political candidates were involved in the city's parade, and "they may draw a distinction between the parade and the booths but one wonders what the real distinction is."

Dani Eyer, director of the Utah ACLU, said First Amendment case law points to cities' ability to bar content, but not points of view from such events. For example, a city's parade could completely bar politicians, but to bar only certain politicians would probably not stand up in court.

While Eyer said she didn't know all the details about Fort Herriman Days, but based on the available information, the city's decision to keep Don't Amend from participating would probably not stand up in court.

McCoy said he has "no intention of suing anybody over this kind of stuff."

"My hope is that this was just a misunderstanding," McCoy said. "The way it was handled . . . felt a little weird. We are perfectly willing to go down and sit with the mayor of Herriman and talk to him."

He said Don't Amend has been present at such events in Bluffdale, Torrey, Logan and Taylorsville.

This weekend, Don't Amend will have a presence at July 4 festivals in Layton, Sandy, Riverton, Murray, Tooele, Holladay, West Jordan and South Salt Lake, he said.

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E-mail: dbulkeley@desnews.com