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Panel OKs rules for speaking out at Capitol
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Utah's State Capitol complex would be wide open to free speech, with few exceptions, under reworked rules approved Thursday by a state panel.

Doris J. King, an activist with the Disabled Rights Action Committee, commended Thursday's changes after vehemently opposing an initial, more restrictive draft.

"At least it's progress," King said. "Now, it's pretty well spelled out. We can see where we can and cannot speak."

The Capitol Preservation Board subcommittee reworked the rules after a public meeting last month at which advocates for the poor and disabled, civil rights attorneys, journalists and some public officials called on the board to scrap its first draft.

Activists were outraged, in particular, that the earlier draft seemed to give professional lobbyists more access to lawmakers than other citizens.

Preservation Board Director David Hart said the new rules were just a clarification. "There was never any intent for one group or individual to have more access regarding free speech activities than any other group," Hart said. "It was never drafted that way and it would never have been enforced that way."

The rules give citizens exactly the same access as lobbyists, Hart said.

Utah courts threw out existing Capitol rules in two lawsuits this year. Lawmakers had Highway Patrol troopers bar animal-rights activists and advocates for the poor and disabled from passing out leaflets.

Some lawmakers particularly were offended by pictures of rotten teeth displayed during demonstrations in favor of low-income dental care.

But the committee's first attempt at new rules was criticized as so broad it would prohibit press releases and T-shirts with political statements. On the other hand, the rules for commercial solicitation and free speech leafleting overlapped to give lobbyists more right to access to lawmakers than constituents.

"Lobbyists get no advantage under this rule," said assistant Attorney General Alan Bachman.

One area remains unclear, however. The Capitol Preservation Board does not oversee the Legislature's buildings, leaving it up to lawmakers to write free speech rules consistent with the rest of the Capitol complex.

The Preservation Board will discuss the rules Tuesday. The subcommittee has recommended another public hearing follow.

Free speech on Capitol Hill

* Demonstrations, protests, leafleting may occur in all areas of Capitol Hill.

* Activities permitted outdoors 24 hours a day.

* Indoor activities from 8 a.m. to 8 p.m.

* No activities in parking lots, exits, roadways for safety reasons.

* Candles cannot be used for vigils anywhere, except the Capitol Hill grounds.

* Parades and marches are limited to Capitol Hill grounds and the central plaza.

* No registration is required for handing out leaflets.

* Though advance registration for activities is encouraged, demonstrations can be held on short notice.

* Free speech will be free - no registration fee.

Free speech: Where, when demonstrations can happen now is more clear, with no favoritism for professional lobbyists
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