Main St. Plaza suit rejected

The 10th Circuit likewise rejected that claim, saying traditional public forums can, in fact, be sold to private groups and no longer continue to be public forums. Moreover, the plaza, with its signs and decorative pavers, is significantly differentiated from the surrounding public sidewalks.

"The city simply does not own the plaza," the court said, noting that a right of re-entry doesn't constitute a property right.

In making its ruling, the court upheld the decision of U.S. District Judge Dale Kimball, who also sided against the ACLU in its second Main Street Plaza case nearly two years ago.

The initial Main Street Plaza suit came after the city sold a block of Main Street to the LDS Church in 1999 for $8.1 million. In that sale, the city reserved a public-access easement across the plaza but gave the church the authority to prohibit on-plaza protests and proselytizing, certain dress and other behavior the LDS Church finds offensive.

The ACLU sued, arguing the city cannot have public access on the plaza while forbidding certain types of speech or other First Amendment protections.

U.S. District Court Judge Ted Stewart ruled against the ACLU, but the 10th Circuit overturned his ruling in October 2002, leading to Anderson's Unity Center deal two months later.

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