The LDS Church's worldwide conferences that bring thousands of Mormons -- and some anti-Mormon protesters -- downtown are the reason Salt Lake City Council members are considering changes to a free speech ordinance. But on Tuesday, they ignored the 800-pound gorilla.
The seven-member council, six of whom are practicing Mormons, didn't question whether street preachers who yell at conferencegoers and have protested using underwear that Mormons consider sacred are constitutionally protected.
Councilman Dave Buhler instead wondered if there is any time that burning a flag is unconstitutional (no, say city attorneys) or if burning a cross in front of church where most members are African-Americans is illegal (no, again).
"If those things are allowed, what isn't allowed?" Buhler said.
City attorneys say it is hard to say.
They have proposed an ordinance change to clarify that symbolic conduct, such as displays or gestures, along with actual words can be considered "fighting words," which are unconstitutional. Fighting words are defined as personal insults directed at a particular person or a small group in a way likely to incite a violent reaction and present a "clear and present danger of a breach of the peace or imminent threat of violence."
The proposal is minor compared with the build-up. Mayor Rocky Anderson requested a review of free speech ordinances because he questioned if some of the behavior at LDS conferences was legal.
But the proposed ordinance change -- coming a month before the next LDS conference -- doesn't clarify if conduct like displaying LDS garments is OK. That has already provoked a somewhat violent response. In October, two Latter-day Saints tried to take garments from street preachers and were subsequently arrested.
City attorneys cannot provide a list of specific words or gestures that are considered unconstitutional. "Every situation is different," City Attorney Ed Rutan said.
The LDS Church wants more significant changes. In a December letter, a church attorney suggested the city create buffer zones to separate the conferencegoers and the preachers. The church fears violence will break out.
After the meeting, Buhler said the city could still implement some of the church's suggestions for conference. "There are some offensive things that happen. Ninety-nine percent of people going to LDS conference have no problem ignoring it," said Buhler, noting that he has seen people laugh at the preachers.