But their attorney Brian Barnard warned Tuesday the Utah Animal Rights Coalition will drag the state back into court if the new rules fail to meet First Amendment standards.

"I nor the judge are in the business of dictating what their new rules are going to be," said Barnard. "We simply say the current rules are wrong - it's up to them to figure out new rules."

But he added, "There is a good chance they will enact new rules that also infringe on the right of free expression. If so, it's back to court."

In March, a state trooper told animal rights activists Eric Waters and David Berg they could only give leaflets protesting hunting legislation to passers-by who asked for them. When the pair disputed the point, the trooper told them to leave or permanently be banned from the Capitol.

Federal Judge Dale Kimball ruled earlier this month that the animal rights group temporarily could hand out leaflets until he held a hearing in May. But the state settled with the Utah Animal Rights Coalition this week, agreeing to let them leaflet and hold small demonstrations until permanent rules are adopted this fall.

"At this point there are no rules" about freedom of speech activities on Capitol grounds, acknowledged David Hart, Capitol Preservation Board director.

At its May meeting, the board might temporarily adopt a draft set of rules, he said. "At least that would give us something to operate under." By fall, those rules should be fine-tuned and have gone through public comment, he said.

The state paid nominal damages - a total of $700 for the two activists and the Utah Animal Rights Coalition. But Barnard, who received $10,000 in legal fees for the case, says poverty and low-income groups that similarly were barred from handing out information also plan to file for damages.