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Draper considers free speech zone ordinance
Mormon church hopes to restrict protests
Published Thursday, 04-Dec-2008 in issue 1093
DRAPER, Utah (AP) – Officials in Draper, Utah are considering an ordinance to set up a “free speech zone” near a new Mormon temple as a means of restricting protests.
The Draper temple is set to open in January and will be dedicated in March.
Officials say recent protests outside temples built by The Church of Jesus Christ of Latter-day Saints have raised a number of concerns.
Those protests were organized in response to church activism in California that helped pass Proposition 8, a ballot initiative that banned same-sex marriage.
Church leaders in June asked members to give “time and money” to help pass the proposition. Mormons were among the most vigorous volunteers for the Yes on 8 campaign and gave tens of millions of dollars to the effort. California voters passed the proposition on Nov. 4.
Temples nationwide have been picketed and vandalized since the vote. Latter-day Saints consider the building sacred and use them to perform the faith’s most important religious rituals.
Draper Mayor Darrell Smith said the city is trying to be prepared for any situation that may arise. The proposed ordinance would restrict protests to certain areas near the temple.
The issue strikes a nerve with Salt Lake City civil rights attorney Brian Barnard, who thinks the proposal is unconstitutional because it seeks to limit protests against the church.
A staff report released with the draft ordinance makes specific references to Proposition 8 and the new temple.
“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,” Barnard said. “It’s clear they want to limit protesters who want to protest the LDS Church.”
But Draper city manager Layne Long said the courts have upheld similar ordinances. The proposal is similar to a Salt Lake City ordinance that limits free speech to specific areas during major events, including Utah Jazz basketball games and the semiannual LDS church conference.
Long said the ordinance has been in discussion for some time and will help the rapidly growing city manage all its large events.
Under the proposed ordinance, violators could be cited with an infraction or a class C misdemeanor, punishable by up to 90 days in jail or a $750 fine.
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