Let ruling be the last word

Perhaps now, at long last, the Main Street Plaza can be what it always was intended to be — a peaceful oasis in the heart of a big city.

The 10th U.S. Circuit Court of Appeals in Denver on Monday decided unanimously, and without equivocation, to reject a lawsuit challenging Salt Lake City's decision to relinquish a public easement through the plaza in exchange for about $5.3 million, including land and a new Unity Center on the city's west side. The court's wording could hardly have been stronger. "This case contains no well-pleaded factual assertions that suggest a sham," it said.

And indeed, that is true.

Perhaps more important, however, was the court's acknowledgment that cities may indeed sell traditional public forums to private parties. From the beginning, one of the oddities of this case was the contention that a piece of land that once was a part of Main Street held some special status requiring it to remain public forever. Cities sell public easements quite frequently, and that particular part of Main Street rarely had been used for protests in the past. The city's decision to sell it to The Church of Jesus Christ of Latter-day Saints (which also owns this newspaper) was well within its rights.

As the court noted, the $5.3 million the city received in the deal was more than 10 times the market value for the easement. Taxpayers were more than adequately compensated.

From the start of this and a previous lawsuit, the overriding issue seems to have been the desire to stage loud protests right in the faces of the faithful who approached the temple. Other issues, such as whether the church could set standards for dress and conduct on the plaza, were raised, but they seemed secondary to the desire to protest.

It is important to note that plenty of public space remains on which the church's detractors may speak — space that allows them to reach their audience without unnecessary provocation. The church itself has hardly been protected from criticism, contrary to what the suit suggested.

But the Main Street Plaza itself is now free to be the kind of retreat that will attract tourists as well as locals; a spot that adds beauty and serenity to the downtown area.

The plaintiffs in this lawsuit should let this court ruling be the last word. Any appeals would simply deepen divisions in the community. The time now has come to heal those divisions and move on.