Did deputies violate rights of S.L. attorney?

A Salt Lake attorney has sued a handful of county sheriff's deputies, claiming their refusal to allow him to enter the downtown Matheson Courthouse with a flier critical of a juvenile court judge violates his First Amendment rights.

In his federal lawsuit, attorney Robert Breeze contends he received the literature from members of a group protesting outside the courthouse on April 12. He placed the flier in his briefcase without reading it and attempted to enter the building. However, officers manning the metal detectors reportedly told Breeze he was not allowed to have the material and would have to dispose of it prior to coming inside.

The flier, which Breeze ultimately left at the security screening area, was distributed by a group protesting 3rd District Judge Andrew Valdez and the juvenile court proceedings concerning the children of polygamist John Daniel Kingston, according to Breeze's attorney, Brian Barnard.

The decision to ban the literature from the courthouse was made by a lieutenant and captain with the Salt Lake County Sheriff's Office, according to the lawsuit, but was never placed in the form of a written policy. Nor was the decision to ban the material the result of a court order, the suit states.

Salt Lake County Sheriff's Sgt. Paul Jaroscak declined to discuss the lawsuit Monday, citing department policy not to discuss pending litigation.

State courts spokeswoman Nancy Volmer said she was unaware of any policies that cover bringing a single flier into the courthouse.

"But we do turn security over to the sheriff's office, and they have the discretion to make judgment calls beyond our rules and regulations depending on circumstances," Volmer said.

According to documents Barnard obtained through an open-records request filed with the sheriff's office, the lieutenant who allegedly promulgated the policy in this case said it was his understanding that demonstrations or materials concerning activities at the courthouse were not allowed.

The day before Breeze was denied access, Valdez's son was arrested after scuffling with protesters. The incident, combined with earlier confrontations between members of the Kingston family and others at the courthouse, apparently was the reason behind the rule.

"Because of this incident and the effect it had on other patrons, I told officers working at the entrances not to allow literature in regarding the Kingstons," the lieutenant wrote in an April 19 memo explaining the situation.

In his lawsuit, Breeze seeks a preliminary injunction that would allow him to carry fliers into the Matheson Courthouse and a declaration that the deputies' actions violated his constitutional right to free expression.

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E-mail: awelling@desnews.com