Judge again considers protest zones

Having already once upheld their validity, a federal judge is again mulling the constitutionality of buffer zones enforced during The Church of Jesus Christ of Latter- day Saints' semiannual conferences.

U.S. District Judge Tena Campbell refused to block the restrictions immediately after their adoption in March 2004, finding they satisfied the heightened standard of scrutiny afforded governmental limitations on free-speech activity.

However, at a Wednesday hearing, attorneys for the World Wide Street Preachers Fellowship argued the zones are actually a restriction on two constitutional rights — free speech and free exercise of religion — and are therefore entitled to a stricter scrutiny standard.

In order to pass constitutional muster under a "strict-scrutiny" standard, Salt Lake City must prove that the restrictions are content neutral, are tailored narrowly enough to meet a compelling government interest and leave open other alternatives for the preachers to communicate their message.

Attorney Randall Wenger said the new zones, which forbid street preachers from remaining stationary anywhere but in designated areas away from the main pedestrian traffic flow, prevent his clients from effectively spreading their evangelical message.

"The success that they've had in their mission is when they're able to hand out tracts, when they're able to interact," he said.

Wenger also maintained the plan fails to satisfy the crucial, content-neutral element of the strict-scrutiny standard.

"This policy was aimed specifically at the preachers because of the message and what they were doing," Wenger said.

The city adopted the zone plan after the LDS Church's October 2003 conference, when two street preachers were assaulted by conference attendees. The two attackers became enraged when the preachers wore around their necks clothing sacred to the LDS faithful.

City Attorney Ed Rutan disputed the claim that the protest zones are directed at silencing criticism of the LDS Church, noting the restrictions apply equally to all of the colorful figures who show up outside the Conference Center twice a year.

"It is definitely not limited to one particular group," Rutan said. "It applies to everyone."

Campbell appeared to question Rutan's assertion, saying that, as a practical matter, it appears to be the street preachers who are most affected by the policy.