Draper mulls 'free-speech zones' near new temple

DRAPER, Utah — City officials are preparing for the opening of an LDS temple by

considering the implementation of "free-speech zones" here.

The Draper temple won't be open to public tours 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-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 Mormon 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.