And the argument the Trib raises about the easement on the west side of the Plaza is specious. Before the Plaza was created, it was a sidewalk, and a fence that enclosed Temple Square. There were never any demonstrations there because there weren't any gates on that side, so the public didn't go through that area. The city council meeting is going to be interesting this evening. Anyway, here is the editorial.
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The Mayor's Plan
In a free society, it's impossible to legislate good manners. So, short of complaining to a loudmouthed offender's mother, Mayor Rocky Anderson's proposed rules for governing free speech on the Main Street plaza are about the best the city can do.
Anderson's plan for managing Salt Lake City's pedestrian easement across the LDS Church's plaza strikes a reasonable balance between protecting free-speech rights and preserving the quiet sanctity of the Salt Lake Temple grounds. The City Council should adopt the plan.
Officials of The Church of Jesus Christ of Latter-day Saints have rejected the mayor's proposal out of hand, arguing that it would create more controversy, not less, by codifying obnoxious behavior by protesters on the plaza. They also argue that the proposed city law that would embody the mayor's plan is too complex and would be difficult to enforce.
However, the way to determine whether those concerns are valid is to pass the ordinance and test it. If the church's fears pan out, the mayor and City Council can revisit the issue.
The mayor's plan for time, place and manner restrictions on free speech within the city's easement does much to protect the peaceful atmosphere that the church and all civil people, Latter-day Saints and others alike, wish to preserve on the plaza.
The original terms of the 1999 sale of Main Street between South Temple and North Temple did not spell out the dimensions of the city's pedestrian easement. The mayor proposes to define the easement as the east walkway across the plaza, which roughly follows the path of the old sidewalk on what had been that side of Main Street.
Since the easement will not include the walkway on the west side of the plaza (the path of the old public sidewalk on that side of the street), any demonstrators or hecklers would be placed much farther from the east steps of the temple than was the case when the street was there.
Confining the easement to this modest, east-side corridor also means that the church will control all of its other property on the plaza as it sees fit.
In addition, any demonstrations of two or more people will be confined to two small areas, each 25 feet by 4 feet, located on the north and south ends of the easement. This provision will place group demonstrations half a block from the temple. Such demonstrations will require a city permit.
Finally, signs and banners will be limited to 9 square feet, and "unreasonable noises . . . that can be heard in a private place" will be forbidden on the easement outside the group demonstration areas. Leafleting will be allowed.
Church officials argue that this compromise is unacceptable, and continue to press the City Council to give up the easement. But without the easement, the public's legal guarantee to perpetual access across the plaza would be weakened. The 10th U.S. Circuit Court of Appeals has ruled that the easement creates a free-speech forum under the First Amendment. Hence, the mayor's proposal appears to be the best compromise within the limits of the law as the courts have defined them.
No fair-minded person who respects religious rights and the sanctity of holy places wishes to see the plaza turned into a magnet for Mormon-bashers. The mayor's proposal seeks to preserve civility within earshot of the temple while banishing boisterous groups to the plaza's periphery.
It's worth a try.