Measure aims at religious protesters

A Utah lawmaker is using the language of a controversial Colorado law — penned to control the actions of anti-abortion activists outside clinics — to also limit the actions of street preachers and others who protest outside places of worship.

Rep. Doug Aagard, R-Kaysville, said that after watching the actions of street preachers toward members of The Church of Jesus Christ of Latter-day Saints attending general conference last year, "I started to look for a way to bring things in order."

Aagard's HB131 would not only slap a class B misdemeanor on anyone who violates the proposed restrictions, but would allow the person targeted with unwanted statements and leaflets to sue for civil damages and seek a court injunction.

The bill, approved by a House Committee on Tuesday, is similar to a controversial Colorado law passed in 1993, tailored to control anti-abortion protesters outside health-care facilities. Under Colorado's law, it is unlawful for any person within 100 feet of a health-care facility to knowingly approach a person within 8 feet with the purpose of passing a leaflet, displaying a sign or engaging in "sidewalk counseling." Protesters must also stay 100 feet away from the facilities' entrances.

A fight against that law by protesters, who said it violated their First Amendment rights to freedom of speech, was taken all the way to the U.S. Supreme Court. In June 2000, the U.S. Supreme Court upheld the law as constitutional, noting that women seeking abortion counseling were vulnerable to harassment as a result of making a very personal choice. The law did allow patrons to approach protesters without violation of the law.

Aagard told members of the House Judiciary Committee the law would help establish standards in Utah of what is not acceptable for street preachers outside Temple Square.

"I feel like we need a base standard throughout the state to protect people and these places," Aagard said.

HB131 would restrict protesters at both medical facilities and places of worship.

One attorney, who represents the street preachers, said he is disturbed by the proposed bill and said his clients likely will take Utah to court over its restrictions.

"It's just waiting to be litigated," attorney Randall Wenger told the Deseret Morning News from his office in Pennsylvania.

Wenger is particularly troubled that the bill allows citizens to sue preachers for civil damages.

"It sounds like they've created full employment for lawyers here," he said.

The Utah Chapter of the American Civil Liberties Union believes the bill is too broad because it restricts protests of churches and medical facilities statewide in order to deal with one particular situation.