Main St. Plaza suit rejected

In a unanimous decision Monday, a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver rejected the ACLU's claims that Salt Lake City leaders conspired to give the LDS Church what it wanted on the Main Street Plaza.

"This case contains no well-pleaded factual assertions that suggest a sham," the court said.

In the wake of the decision on the second Main Street Plaza lawsuit, those involved — even some on the losing side — pondered that the long drawn-out legal wrangling might be finished.

"I'm pleased that this is finally over," Mayor Rocky Anderson said. "The court made very clear what we believed to be true the entire time — that the plaintiffs had no case."

Of course, the American Civil Liberties Union could appeal. But such an effort seemed an iffy proposition Monday.

While ACLU of Utah Executive Director Dani Eyer said she was "disappointed" with the decision, it sounded more as if she were ready to cut her losses than keep fighting. A decision to appeal would have to be considered by her board of directors and the national office of the ACLU in New York, which handled legal arguments in the case, Eyer said.

Even some of the plaintiffs, while disappointed they lost, were ready to let go.

"I thought this was going to last forever," said Andrea Moore-Emmett, president of the Utah chapter of the National Organization for Women (NOW). "It's nice to have it resolved and move on from there."

The Church of Jesus Christ of Latter-day Saints was pleased with the decision.

"We are pleased with today's ruling," said Bruce L. Olsen , managing director of LDS Church public affairs. "The church has always intended that the plaza be a place of peace, a quiet oasis in the midst of a bustling city where everyone can enjoy an atmosphere of serenity and reflection."

The ACLU could appeal the case to a full panel of 10th Circuit Court judges or to the U.S. Supreme Court. However, it's unlikely the decision will be overturned — or even heard.

Still, some plaintiffs — which included NOW, the Utah Gospel Mission, the First Unitarian Church of Salt Lake City and Murray resident Lee Siegel, among others — wanted to fight some more.

"I do think the transaction was a sham from the start," said Siegel, a former reporter for the Salt Lake Tribune. "I just feel more like a political minority in this place than ever."

Part of that so-called "sham" argument was that Anderson invented a deal to give control of the plaza to the LDS Church.