Main Street Plaza II, Round One

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A federal district court dismissed the ACLU’s two charges that: (1) the Church and Salt Lake City conspired to the Main Street Plaza land swap and (2) that Plaza itself is a “historic public forum.” (It’s worth noting that until the Church bought the land this “historic public forum” was a strip of asphalt traversed by cars).

“I don’t know anything about the man personally; I just don’t expect any Utah federal judge to go against the position of his or her church,” Siegel said. “The way this state is run makes those of us who are not LDS feel like we are an oppressed minority.”

Siegel said he expects appellate judges in Denver will see things differently.
All but one of Utah’s federal judges are LDS Church members. Kimball himself has served in the church as a regional representative, stake president, high councilor and bishop.

ACLU of Utah executive director Dani Eyer said it’s likely her group will appeal the ruling to the 10th Circuit Court of Appeals in Denver. . .

The mayor, himself a trial attorney and former ACLU of Utah board member, said Monday that Kimball’s ruling was “exceptionally thoughtful and well reasoned. . . . I don’t think there’s any legal merit to this lawsuit. I never did.”
Anderson urged the ACLU and its plaintiffs, including Siegel and four religious and political groups, to “conscientiously consider whether there are any good reasons to spend more time, money and energy on this matter.”

“We should put closure on it and move forward” . . .

Even [Utah ACLU executive director Dani] Eyer admitted Monday the city had “crossed all its t’s and dotted its i’s” in crafting the deal, adding, however, the city shouldn’t be proud, since she still feels its intention was to silence LDS Church critics on the plaza.