I keep hearing about this issue, but what is it really? Not being in Utah it's hard visualize, can someone give us the ground level facts?
LDS News:
CHURCH APPEALS PLAZA DECISION TO SUPREME COURT
See https://deseretnews.com/dn/view/0,1249,4650...5033073,00.html
Representatives of The Church of Jesus Christ of Latter-day Saints filed a
petition to the U.S. Supreme Court on Wednesday, asking the higher court to
review the decision made by the 10th U.S. Circuit Court of Appeals
regarding use of the area known as the Main Street Plaza in downtown Salt
Lake City. If the Supreme Court agrees to review the case, the Church
hopes it will overturn a district court judge's permanent injunction that
ruled the plaza is a "public forum" and that the Church's restrictions on
dress and conduct in the city-owned easement violate the First Amendment.
The Church bought the Main Street Plaza with the purpose of public access (after all it's in the street!) this is what the people from Utah says, when the inauguration took place the Church invited everyone clearly saying this was to be something for everybody to enjoy. Now, after that, the controversy started. The Church of Jesus Christ of Latter-day Saints offers within its recently released media packet a list of "Frequently Asked Questions" regarding the Main Street plaza "Planning Commission meeting minutes from 4 March 1999 record that the Church required 'limitations on uses that relate to protesting, picketing and demonstrating' and planned 'to protect and keep the character, atmosphere and beauty that already exist in the adjoining Church properties.' "
Statements made by the LDS Church regarding the plaza, and cited by the 10th U.S. Circuit Court of Appeals in its ruling, clearly demonstrate the plaza was presented to the public as an area that would be open and inviting to them, regardless of religious affiliation, lifestyle, dress or other factors. The LDS Church has at various times indicated the plaza would
serve as "a pedestrian-friendly area," "a funnel to the Crossroads and ZCMI Center shopping malls as well as the remainder of the downtown business district," "a downtown pedestrian plaza," an area that would "provide a public environment" and that would "enhance the urban fabric of the
downtown area," "emphasize Main Street as a primary pedestrian walkway," and "assist Main Street, which is the heart of the shopping area, to become the most pedestrian oriented street in Salt Lake City."
Now, in light of the 10th Circuit ruling and the litigation leading to it, the LDS Church emphasizes the area is in fact an "ecclesiastical park" and the pedestrians entering the plaza need to check their First Amendment rights at the entrance. The restrictions allow the church to restrict access to people it deems to be dressed inappropriately, remove any right to play
music or pass out literature.
The plaintiffs are residents of Salt Lake City who felt 'dissapointed' and also 'betrayed' by the Church in the use of this Plaza since all of them say the Church presented as a public place.
So then the issue is really is it a public or private place? I would argue that if the Church bought it then it cannot be a public place since public places are not bought for private use. Then there is the factor of conditional purchase. Wonder what the Church is trying to do or stop from happening by this purchase?
I wonder if antis will use the park now for their 'freedom of speech' demonstrations.
From Deseret News:
EDITORIAL: A PLEA FOR PLAZA DECENCY
Author Kurt Vonnegut was once asked if felt the world could use more love. He
pondered a moment, then replied that he didn't know if it needed more love, but
it sure could use a little more common decency.
https://deseretnews.com/dn/view/1%2C1249%2C...33333%2C00.html
So will the Supreme Court deal with this?
From LDS News:
"FRIEND OF THE COURT" BRIEF FILED IN PLAZA CASE
See https://deseretnews.com/dn/view/0,1249,4800...0036137,00.html
Link
The Utah Attorney General's Office has filed a "friend of the court" brief
in the Main Street Plaza appeal, siding with The Church of Jesus Christ of
Latter-day Saints and asking the United States Supreme Court to hear the
case. Along with Utah Attorney General Mark Shurtleff, attorneys general in
Alabama, Kansas, Nebraska, Texas, and West Virginia have joined in signing
the amicus brief, which was filed Monday in Washington, D.C.
Seems like the Church is going to get a hearing:
GOOD NEWS FOR MAIN STREET PLAZA CASE
See https://www.4utah.com/local_news/local_head...B2-E0FF8C115941
See https://deseretnews.com/dn/view/0,1249,5050...5034172,00.html
There is apparent good news for the Church in the dispute over the Main
Street Plaza in Salt Lake City. Instead of rejecting the Church's appeal as
expected, the United States Supreme Court is now showing interest in the
case and may hear it later this year. In the interim, the Church is now
urging the Salt Lake City Council to move ahead with its decision on the
plaza, which would ultimately give the Church control over the plaza.
This doesn't have anything to do with the plaza issue, but it's kind of connected. I was just at priesthood session this last conference(I go to BYU) and you had to have a permit to protest outside of the conference center. There was a pretty small turn out of protesters and so I asked some people why. They said it was because the church was having the missionaries buy up as many permits as they could because there are only a limited number of permits. I think they are hoping to buy up all the permits at the next conference. Pretty smart I thought:)
-this is STRICTLY RUMOR, I haven't read it anywhere official. But there might be some truth to it. I've been to the plaza many times. It is beautiful! I hope everyone can make a trip there someday. I hope the church is able to keep it as they want it!