From Deseret News archives:
Draper mulls 'free speech zones' near new temple
The Draper temple won't be open to the public until mid-January, but the city is trying to be prepared for any situation that may arise, said Draper Mayor Darrell Smith.
The City Council is set to consider on Tuesday an ordinance that would allow for the creation of the zones. If the ordinance passes, the city manager could set up a map designating allowed protest areas. The zones could be set up for any city event but the ordinance was drafted specifically in preparation for the temple opening, according to a draft copy released Wednesday.
The issue strikes a nerve with Salt Lake City-based civil rights attorney Brian Barnard, who has called the proposed ordinance clearly unconstitutional because it seeks to limit protests against The Church of Jesus Christ of Latter-day Saints.
"Under the First Amendment, the entire country is a free speech zone," he said. "Free speech is supposed to be everywhere — government property, all public streets, all public parks — those are all free speech zones. Restrictions have to be very limited, very finely tuned."
A staff report released with the proposed ordinance is particularly worrisome to Barnard because it refers specifically to the passage of California's Proposition 8 and the LDS temple. "It clearly says that we want to limit protesters who want to protest the LDS Church," he said.
However, Draper city manager Layne Long said the courts have upheld similar ordinances.
The Draper ordinance is similar to a Salt Lake City ordinance that limits free speech to certain areas during major events, such as LDS General Conference or Jazz basketball games.
Draper Councilman Bill Colbert, who has seen capital city protests firsthand, said he would be very supportive of a similar ordinance in Draper. But he will want to ensure that everyone has a right to try to persuade others, he said.
"That's what makes our country great," he explained.
Colbert had not seen the proposed ordinance when he spoke with the Deseret News but hopes it will aid the city in facilitating both temple-goers and protesters.
"People are free to protest as long as they don't interfere with other people's right to get where they are going," he said, noting that the temple in question is surrounded by homes. "Obviously there are people who are not supportive of the LDS Church and they have the right to express their opinions as long as they do so in a peaceful manner."
Smith agreed with Colbert, saying that the proposed ordinance was drafted to keep peace and order for all parties.
"I think the more you get different facilities in your community the more chance of that issue coming up," he said. "There is some benefit in being prepared."
Long added that the ordinance has been discussed for some time and will be helpful for all big events in the rapidly growing city.
If the ordinance passes, violators could be cited with an infraction or a class C misdemeanor, punishable by up to 90 days in jail or a $750 fine.
The temple will be open to the public from Jan. 15 until March 14, excluding Sundays. It will then be dedicated March 20-22.
E-mail: rpalmer@desnews.com
