Mormons Beat ACLU, anti-Mormon Moonbats
A federal appellate court has upheld a deal between city and church leaders that gave the Mormon church control over a downtown plaza.
Judges on the 10th Circuit Court of Appeals said traditional public forums can be sold to private groups. The deal does "nothing to advance religion, but merely enables the LDS church to advance itself," according to the decision, which was issued Monday.
The American Civil Liberties Union wanted the agreement overturned, arguing it was illegal to give the church police power in a public area.
Church officials applauded the decision.
"The church has always intended that the plaza be a place of peace, a quiet oasis in the midst of a bustling city where everyone can enjoy an atmosphere of serenity and reflection," church spokesman Bruce Olsen said.
The Church of Jesus Christ of Latter-day Saints bought the plaza for $8 million in 1999. Under the agreement, the city retained some public control but church leaders set speech and behavior guidelines and occasionally blocked public access on the property, a main gateway into downtown Salt Lake City.
The ACLU sued and said that the church could not curtail free speech in a public area.
The appellate court upheld that claim, and the city reached another deal in 2003 that traded guaranteed public access for $4.5 million in church-owned property. The ACLU sued again, saying that the city was violating constitutional guarantees that the government will not favor one religion over another.
But the court said the city rightfully disengaged itself from a potential constitutional entanglement with the church over control of the plaza.
The ACLU has not decided if it would appeal the court's latest ruling.
Lee Siegel, one of its plaintiffs, was disappointed: "I hope they enjoy their lily white, golly gee, clean, fun plaza."
They most likely will, compared to the alternative of a filthy black, decaying, filthy, crime-ridden plaza. How unfair of them.
Posted by: Anonymoose 2005-10-04 |