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ACLU of Utah Asks Salt Lake City to Clarify the Scope of the "Rules of Conduct" at Gateway

29 November 2001 Published in Legal Advocacy

ACLU of Utah Asks Salt Lake City to Clarify the Scope of the "Rules of Conduct" at Gateway.

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ACLU of Utah Asks Salt Lake City to Clarify the Scope of the Gateway’s "Rules of Conduct"

November 29, 2001

By Facsimile and U.S. Mail

Roger F. Cutler, Esq.
City Attorney
Salt Lake City Corporation
451 South State Street
Salt Lake City, Utah 84111

Re: The Gateway

Dear Mr. Cutler:

We have become aware of the existence of certain "Rules of Conduct" that purport to govern the public’s use of real property located within what is known as The Gateway in downtown Salt Lake City. We are writing to ascertain the City’s understanding as to the precise areas where the Rules of Conduct are intended to apply.

Specifically, we are aware that the owner of The Gateway granted the City a perpetual, nonexclusive public easement in, over, across and through the area covered by the "Rio Grande Easement," as described in legal documents agreed to between the City and the owner, and we believe the Rules of Conduct are intended to apply to the public’s use of that area. We do not know, however, whether the Rules of Conduct also are intended to apply to these other areas within or adjacent to The Gateway: the sidewalks along the east edge of The Gateway (on the west side of 400 West Street); the sidewalks along the west edge of The Gateway (on the east side of 500 West Street); and the street and sidewalks intersecting The Gateway (100 South between 400 West and 500 West). We would appreciate your clarifying for us whether it is the City’s understanding that the public’s use of both the Rio Grande Easement and the referenced sidewalks and street is subject to the Rules of Conduct, so that we can advise people who might be interested in exercising free speech rights in the area accordingly.

We thank you in advance for your prompt attention to this matter.

Very truly yours,

Stephen C. Clark
ACLU of Utah Legal Director