Attorney General's Office to Settle Lawsuit over Free Speech

Apr 08, 2008 by Jeff Robinson

AG's Office Has Yet to Confirm

(KCPW News) The Utah Attorney General's office has settled a lawsuit with two people who were told they could not hold up posters outside the House chambers toward the end of this year's legislative session, according to a Salt Lake City-based attorney representing the two.

"The state has agreed to pay my clients $250 each for the two young people that were chased off, and to pay $500 to the organization Utah Animal Rights Coalition for the violation of their civil rights, and to pay me $9,000 in attorney's fees for having brought the lawsuit," says attorney Brian Barnard.

Barnard says part of the settlement is that the state will look at its free speech rules to ensure that this doesn't happen again. He says this is the fourth time he's sued the state for this reason in the last 26 years.

Barnard agrees with legislators that protesters should not be disruptive or violate any laws when demonstrating on Capitol Hill, but believes lawmakers have the wrong attitude toward free speech in their territory.

"What I find troublesome is that the legislature keeps enacting rules to limit and restrict free speech," says Barnard. "They should start from the position that this the people's house, this is where people want to come to petition government, to speak their minds and influence legislators."

The attorney says the state government should come up with a uniform set of rules regarding free speech on Capitol Hill. A federal judge earlier ruled that the demonstrators in this case did have their constitutional rights violated when they were not allowed to hold up the posters.

A spokesman for the AG's office says settlement negotiations are underway and no papers have been signed.

Email to a friendPosted in 2008 Legislative Coverage and KCPW Newsroom. Copyright 2008 KCPW