An ordinance recently adopted by the Utah Transit Authority will fine passengers for "inappropriate use of Internet services," including pornography, gambling and gaming sites.

According to the ordinance, which the UTA Board of Trustees approved May 27, the fine for the first violation is $300. Subsequent fines can be up to $500.

UTA offers free wireless Internet to passengers on FrontRunner commuter rail and express buses. Only passengers over age 18 are supposed to use the service, and when they sign on, they agree to certain terms and conditions, including accepting UTA's content filter to restrict access to "offensive sites," according to the agreement.

"The filter is dynamic and constantly updated by the software provider to provide the most up-to-date protection possible," UTA spokesman Gerry Carpenter said.

But no filter is perfect, and people could access some sites that would be deemed inappropriate.

"Enforcement would be by a transit police officer who would have to make a judgment call prior to issuing a citation," Carpenter said. "However, UTA does have an appeal process built into the ordinances. So if someone disagreed with the reason for a citation, they could appeal following that process through the appropriate layers of appeal as set forth in the ordinances."

The ordinance specifying a passenger's right to appeal was also approved by the trustees on May 27. It states that passengers can write a letter of appeal, which must be reviewed by a hearing officer, along with any evidence the UTA police want to submit, within 30 days. Then the hearing officer has a review, and the passenger has the right to attend. The hearing officer's decision is sent to the passenger in writing.

The ordinance for "inappropriate use of Internet services" applies only if riders are using the UTA Internet server.

If riders are using wireless air cards or viewing images they downloaded prior to boarding public transit, then a different ordinance applies: disorderly conduct. The fine is $100, Carpenter said.

The ordinance is necessary in part because children use public transportation and could see the content, he said. In Utah, online gaming and gambling is illegal.

There may be disagreements, however, about what exactly is pornography.

"Some pornography is not considered legally obscene, and those types of pornographic Web sites are lawful," said David Reymann, a lawyer for the firm Parr Brown. "There's a First Amendment right to publish that."

Reymann said Congress has tried to ban child pornography but has run into difficulties over what constitutes pornography.

"They have to clearly specify or end up being overly broad," Reymann said. "They'll end up prohibiting breast-feeding sites or legitimate art sites. Courts have been struggling for decades to define what is obscene."

Contributing: Lana Groves

E-MAIL: lancock@desnews.com

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