"When we saw this, we thought, 'That's not right,'" Anti-Hunger director Bill Tibbitts said about the new rule he insists was rushed. "I don't see how it improves the quality of the neighborhood."
Last week, the City Council voted 5-2 to require protesters to stand at least 100 feet from a targeted private residence, including the Governor's Mansion. But critics say the ordinance simply relocates the protest - in front of unsuspecting neighbors.
The complaint calls for a restraining order to allow picketing in the shadow of the Governor's Mansion as well as a declaration that the rule is unconstitutional. It does not ask for monetary damages.
The ordinance was approved with little debate and no public hearing after University of Utah officials complained that U. researchers were being harassed at their homes by the Utah Primate Freedom Project.
Council members - along with Mayor Rocky Anderson - defend the city action, insisting it strikes a fair balance between privacy rights and free speech.
But Brian Barnard, a civil rights attorney who filed the suit Wednesday, says it is rife with problems. First, it was drafted so broadly, he says, that it includes demonstrations in front of the Governor's Mansion. And "because of the way the ordinance is worded, it is not content neutral."
"They might be able to draft a constitutional one, but the current one is not," Barnard said.
Tibbitts, whose group sings satirical carols about poverty in front of the mansion, wants to be back this Christmas.
"I hope the city will look at this [lawsuit] and get more public comment," he said.
djensen@sltrib.com

