Street preachers to appeal ruling

Published: Friday, Jan. 28 2005 12:00 a.m. MST

Street preachers who seek greater access during The Church of Jesus Christ of Latter-day Saints' semiannual conferences will challenge a federal judge's recent decision that the city's buffer zones are constitutional.

The World Wide Street Preachers Fellowship, which sued Salt Lake City in March 2004, has filed a notice of appeal in the case, signaling its intent to ask the 10th U.S. Circuit Court of Appeals to review the decision.

U.S. District Judge Tena Campbell last month struck down the preachers' claims that the buffer zones, which forbid street preachers from remaining stationary anywhere but in designated areas during specified times, violate their rights of free speech and free exercise of religion.

Central to Campbell's decision was that the restrictions apply to anyone wishing to express a viewpoint near the LDS Conference Center, not just the largely anti-LDS street preachers.

"The zones apply equally to all demonstrators, and nothing in their design requires the city to make decisions on where or when protesters can speak based on their particular point of view," the order states. "In fact, all speakers, regardless of message, are permitted to speak within the zones as long as the restrictions are met (no standing in the crosswalks)."

The challenged zones were first enacted for use during the April 2004 conference, and were used again in October 2004.

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