Reject new Capitol rules

State officials can be excused for wanting to cut down on the commotion in a cramped Capitol that is under construction. But they should not be excused for passing a rule that breaches the gap even further between lawmakers, their cozy lobbyists and the people who elected them.

A new rule — which still has to undergo a 30-day public comment period beginning Sept. 1 — would ban the distribution of leaflets and other free-speech activities outside the rooms in the West Building, which is serving as temporary quarters for the Legislature. What it likely would not ban, however, are registered lobbyists. They would continue to have access to lawmakers, sending them notes and requesting personal meetings.

Legislative leaders note the public would have the same privilege. But as anyone who has spent time at the Capitol knows, lawmakers often ignore such requests unless they come from familiar lobbyists they know and trust.

As in most cases, members of the Capitol Preservation Board would have done well to pay attention to their attorney — in this case, Attorney General Mark Shurtleff. He said the state can expect lawsuits if it treats one group differently than another. What the board should not do, he said, is send the message that if groups do not have a lobbyist, they will be ignored.

Of course, the reality is that this has been the case for quite some time at the Capitol. Lobbyists, who often give lawmakers gifts and who have developed personal relationships through the years, advocate effectively for their clients. Other people have substantially less access.

In the past, however, people have retained the right to stage protests or hand out leaflets. At the very least, this can get the attention of the media, and the resulting publicity may in turn get the attention of lawmakers.

The Capitol construction project does pose problems. Without some restrictions, protests and other public displays could hamper the work of lawmakers. But any rules to deal with this problem must treat all members of the public equally. Although it is easy to forget, lobbyists are not part of government. They are members of the public.

Utah lawmakers may stubbornly refuse to impose any meaningful restrictions on gifts and other interactions with these folks, but the proposed new rules are not in the interest of good government.