Tucson, Arizona Tuesday, 29 July 2003
By Doug Alden
THE ASSOCIATED PRESS
SALT LAKE CITY - The city and The Church of Jesus Christ of Latter-day Saints completed a land swap Monday that gives the church the right to regulate behavior on the downtown block of Main Street it purchased from the city.
In return for giving up an easement that allowed unfettered access on the Main Street block, the city received two acres of land to build a community center on the city's west side. Federal courts had ruled the city's sidewalk easement carried free speech rights the church could not curtail.
The agreement gives the church complete control over the Main Street block, which, after its purchase from the city, was transformed into a pedestrian mall spruced up with gardens, fountains and a giant reflecting pool.
It's a popular downtown location where newlyweds pose outside the Mormon temple for photos. But it has also drawn protesters, who have disrupted some photo shoots.
The church originally tried to impose rules for the plaza, including prohibitions on swearing, smoking, protesting, passing out leaflets, proselytizing, sunbathing, playing music, carrying firearms, or "offensive, indecent, obscene, vulgar, lewd or disorderly speech, dress or conduct."
But critics filed suit to overturn the original sale.
Last October, the 10th U.S. Circuit Court of Appeals in Denver ruled the church could not restrict speech or other activities on the sidewalks. The U.S. Supreme Court declined last month to review that decision.
Bishop Dave Burton said that although the public now has no legal right to enter the plaza, the church has no plans to actually curtail public access.