More lawsuits over Capitol security

Two more political groups have filed suit, claiming that Utah Highway Patrol troopers prevented them from handing out leaflets at the state Capitol during the last legislative session, piggybacking on the successful settlement of such a suit brought by animal rights activists earlier.

In a suit filed in U.S. District Court Friday, the Anti-Hunger Action Committee and the Disabled Rights Action Committee — along with 21 individuals — claim Capitol security personnel threatened to confiscate their leaflets when they attempted to pass them out last February during the legislative session. According to their suit, Capitol security asked them to stop handing out their leaflets. When the group sought permission from House Speaker Greg Curtis, R-Sandy, it seemed that security backed down.

On Feb. 23, both groups claim, Capitol security again told them to cease their activities. When reminded of Curtis' permission, the officer allegedly told them "That was yesterday. This is today. Today, I'm telling you the Highway Patrol is in charge, and it is against the law to pass out leaflets."

The officer also allegedly told members of the two groups that they needed a permit to pass out their literature or buttons. At one point, officers threatened to arrest citizens.

The state settled a similar suit filed by the Utah Animal Rights Coalition last April. In the settlement, the Utah Attorney General's Office acknowledged the activists "have the legal right to engage in the free expression activity of tendering political leaflets, fliers, buttons or similar materials on the grounds and in public areas of the Utah State Capitol and related buildings."

The state paid two activists $1,000 each and attorney Brian Barnard $10,000 in legal fees. Barnard has also filed the latest suit.

Paul Murphy, spokesman for the attorney general, said that in light of the first suit, the State Capitol Preservation Board is drafting a policy to protect the First Amendment rights of citizens to participate in the legislative process. Murphy added that Friday's suit is pretty much moot, given this.

"The state of Utah embraces and encourages participation. The issues raised in this lawsuit were already addressed in the first lawsuit. The latest action will not help anyone have a stronger voice in public policy," Murphy said.

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