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Protecting the Bill of Rights in Utah since 1958

Main Street Church v Brigham City (2013)

24 January 2013 Published in Resolved Cases

 On September 11, 2012, The ACLU of Utah filed a complaint on behalf of the Main Street Church of Brigham City challenging Brigham City’s “Free Speech Zone Ordinance.” The suit alleges that on its face, the ordinance violates the Utah and United States Constitutions because it requires a permit for almost any conceivable form of public expression and imposes civil and criminal penalties for failing to comply. On September 13, Brigham City has agreed not to enforce their “Free Speech Zone Ordinance” that was challenged in Federal Court days ago by the ACLU of Utah. Although, this agreement does not suspend the lawsuit filed against Brigham City. Main Street Church and the ACLU of Utah have not conceded that any past enforcement of the ordinance was constitutional. They also continue to contend that the ordinance is unconstitutional on its face and that it should be completely struck down by the court. On January 24, 2013, Brigham City and Main Street Church of Brigham City settled the suit after the city repealed the ordinance. 

PRESS RELASE: Brigham City "Free Speech Zone" Ordinance Lawsuit Settled After City Repeals Ordinance >> (2/11/13)

PRESS RELASE: Brigham City Suspends Enforcement of Free Speech Ordinance: Free Speech For All Returns to Brigham City >> (9/13/12)

PRESS RELASE: ACLU of Utah Files Complaint Challenging Brigham City's Unconstitutional "Free Speech Zone" Ordinance >> (9/11/12)

Documents Filed in U.S. District Court For the District of Utah Northern Division
Complaint >>
Exhibits >>
Motion for Temporary Restraining Order >>
Memo in Support of Temporary Restraining Order >>

Download the signed settlement agreement (PDF) >>

Deseret News: Brigham City banned church flier distribution near new Mormon temple, lawsuit says >> (9/11/12)

Salt Lake Tribune: ACLU lawsuit: Speech restrictions at Mormon temple unconstitutional >> (9/11/12)