City’s free speech ordinance challenged in federal court

Posted on: 7:32 am, September 14, 2012, by Meredith Forrest Kulwicki, updated on: 08:20am, September 14, 2012

A federal court will hear arguments regarding a case addressing free speech on public sidewalks on Friday.

The ACLU of Utah is challenging Brigham Citys free speech ordinance on behalf of the Main Street Church of Brigham City.

The Main Street Church of Brigham City intended to distribute flyers on the sidewalk near Brigham Citys LDS temple during its open house. They say when they obtained a permit under the citys free speech zone ordinance on Aug. 20, they found out they could not be on the sidewalk areas where most people walk to and from the temple.

On Thursday, Brigham City agreed to not enforce its Free Speech Zone Ordinance, however, the agreement did not suspend the lawsuit filed against the city, according to a press release from the ACLU.

The statement said: Main Street Church and the ACLU of Utah have not conceded that any past enforcement of the ordinance was constitutional. They also continue to contend that the ordinance is unconstitutional on its face and that it should be completely struck down by the court.

Brigham City had previously released the following statement:

The City`s free speech zone ordinance was developed by city officials and city attorneys based on Utah laws and other municipalities` ordinances throughout Utah. To Brigham City`s knowledge, this ordinance has been upheld as constitutional by the courts.

A spokesman for the LDS Church declined a request for comment.

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City’s free speech ordinance challenged in federal court