More Info
Background on Main Street Sale
Original ACLU Lawsuit
Church's Response (Sep. 2000)
Jan. 2, 2001- A federal judge threw out a legal challenge to Salt Lake City's sale of a block of Main Street to The Church of Jesus Christ of Latter-day Saints.
Judge Ted Stewart granted the defense's request for a summary judgement, ruling that the sale of that block to the Church does not violate First Amendment rights.
The judge says the sale was reasonable, and that it created a block of private property.
Since it's private property, the new owner (the LDS Church) can regulate activities on that property the way it wants to.
ACLU attorneys argued on behalf of other religious and citizens' groups that when the city sold the property to the Church, it violated the Constitution because it also sold First Amendment rights of protest, and exercise of free speech.
The City sold the property to the Church for $8.1-million and agreed the church could limit protests, ban smoking and forbid all non-Mormon missionaries from proselytizing there, among other things.
The ruling also states that Salt Lake City has not entangled itself with the LDS Church by this sale.
H. David Burton, Presiding Bishop LDS Church: "WHAT WE HAVE CREATED AT THE HEAD OF MAIN STREET IS EXACTLY WHAT WAS ADVERTISED AT THE TIME THE DECISION WAS MADE TO PURCHASE THE PROPERTY. WE HAVE CREATED A MARVELOUS PLAZA FOR THE PUBLIC TO ENJOY AND THOSE WHO VISIT SALT LAKE AND THE CITIZENS OF SALT LAKE CITY."
Stephen Clark, ACLU attorney: "FIGHTING THE GOOD FIGHT, SOMETIMES WHEN THERE ARE IMPORTANT ISSUED AT STAKE, IS WORTH DOING, ESPECIALLY IN A COMMUNITY LIKE THIS, WHEN ISSUES ARE NOT RAISED, DIFFICULT SUBJECTS ARE NOT BROACHED. THAT'S KIND OF OUR JOB AT THE ACLU."
Mr. Clark says he is prepared to take an appeal to the 10th Circuit Court in Denver. LDS Church attorneys are prepared as well.
The Church built a Plaza on the property between North and South Temple, just east of Temple Square. It opened in October.
