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By Deborah Carl
LDS Church's Main Street Arguments Get Support from Other Churches
SALT LAKE CITY, UTAH -- The Church of Jesus Christ of Latter-day Saints has
found allies in The Baptists, members of the Community of Christ (formerly
the Reorganized Church of Jesus Christ of Latter Day Saints), Christian
Scientists and a dozen other Colorado congregations who are backing the
Latter-day Saints in their right to dictate rules for the public access of
the Main Street plaza in downtown Salt Lake City.
The Latter-day Saints bought a block of Main Street for $8.1 million and
plan on turning it into a pedestrian plaza connecting North and South
Temple. As part of the deal, the church had to grant 24 hour public access
to the area. The church and the city agreed that there would be no smoking,
sunbathing, bicycling or "engaging in any illegal, offensive, indecent,
obscene, vulgar, lewd or disorderly speech, dress or conduct." At the same
time, city leaders granted the church exclusive right to distribute
literature and broadcast speeches and music on the block.
The First Unitarian Church's Rev. Tom Goldsmith objects to the grant of
restrictions, "Now that the city has sold Main Street and allowed the new
owner to silence and banish anyone who might offer an alternative voice or
experience, we feel as though we are welcome here only so long as we are
neither seen nor heard," Goldsmith said. In November 1999, the ACLU
challenged the rules in court on behalf of Utahns for Fairness, the First
Unitarian Church and the Utah National Organization for Women.
The judge ruled the property was sold legally to a private owner and as
private property was not subject to the US Constitution's 1st amendment
right of free speech. But ACLU attorney Stephen Clark says they are missing
the point. "The city and the church have as much right as anybody to buy and
sell property," he said. "The real issue is: Why did the city at the last
minute agree to restrictions on the easement across the property? . . . The
city tried to do something it can't do constitutionally: reserve a public
thoroughfare through a private religious shrine. It's fraught with problems."
The ACLU filed an appeal with the 10th U.S. Circuit Court of Appeals in
Denver which will now decide if they will hear oral arguments or make a
judgement from the written briefs.
Sources:
Nation Watching Main St. Suit
Salt Lake Tribune 13Nov01 N1
By Rebecca Walsh: The Salt Lake Tribune
Mormon church backed by other religions in Main Street plaza suit
Phoenix AZ Republic (AP) 13Nov01 N1
Associated Press
See also:
ACLU Asks Appeals Court to Overturn Main Street Ruling
LDS Church Proposes Street Closing in Pocatello
Main Street Plaza ruled an 'Ecclesiastic Park' by Judge
Judge Rules for City, Church in Main Street Case
Court Filings In; Main Street Trial Set For February
LDS Church Objects to Main Street Coverage
Main Street Plaza Suit Hits New Dispute
ACLU Says SLC Refused To Settle Main Street Lawsuit
ACLU Can Look For Evidence Of Main Street Collusion
Salt Lake City set to clarify the sale of street
New Lawsuit Challenges Plaza Sale
LDS Church Opposes ACLU's Amendment To Main Street Lawsuit
Utah ACLU Says City Favors LDS Church In Main Street Lawsuit
Photo Shows Roof Almost on Main Street Garage
Smoking Permitted on LDS Church's New Main Street Plaza?
ACLU Opposes LDS Intervention in Street Suit
LDS Church asks to be a party in plaza suit
City answers ACLU's Main Street suit
Freedom Second to Money For Main Street, Says SLC
ACLU Sues Salt Lake City Over Sale
SLC Would Rather Give Up Access Than Change Deal
ACLU Intensifies Effort to Open Main Street Block to Protest
Avenues residents frown on Main Street
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