Salt Lake City attorneys have done an about-face on the capital's new anti-picketing ordinance, ruling that the Governor's Mansion should not be considered a "residence" and is therefore fair game for protests.

City Attorney Ed Rutan has advised capital cops that when the governor is a target of demonstrations, the city's new 100-foot restriction should not apply.

"The Governor's Mansion is used for a variety of public meetings," Rutan explained Monday. "If you look at the code, the residence definition does not apply."

After a "factual review," Rutan sent the legal opinion last week to civil-rights attorney Brian Barnard, who filed a federal lawsuit July 25 on behalf of the Anti-Hunger Action Committee. The group claims the new city ordinance is unconstitutional.

But exempting the Governor's Mansion, Barnard notes, satisfies a "major element" of the complaint. He still is concerned the city rule could equate to content-based censorship, but suggested the anti-hunger crowd now may back down.

"We are pondering our next step," Barnard wrote in an e-mail Monday.

Three weeks ago, the City Council voted 5-2 to push protesters away from private residences - requiring picketers to stand at least 100 feet from targeted individuals' homes.

Mayor Rocky Anderson, himself a civil-rights attorney, backed the move as "legally sound."

The city was motivated by a series of demonstrations organized by the Utah Primate Freedom Project, which has zeroed in on the homes of University of Utah researchers since 2005.

The council was criticized for rushing the vote - it did not include a public hearing - which inadvertently included the Governor's Mansion.

At the time, Rutan and a deputy city attorney said they thought the 100-foot rule would apply to the mansion - a traditional site for protests ranging from nuclear waste and police brutality to the death penalty.

A spokeswoman for Gov. Jon Huntsman Jr. said the governor did not see any need for stricter protest rules at the "public house."

"We're fine with the current situation," Lisa Roskelley said at the time.

On Monday, Rutan noted there always was some uncertainty about the application of the ban.

"We called [Huntsman's] office to get the underlying facts," he said. "They didn't say anything, and we didn't ask. What we did was try to get the facts so we could make an objective decision."

Rutan says protesters still must go through the permit process, which outlines so-called time, place and manner conditions.

Since police already have been informed about the provision for the mansion, Rutan says there is no need to amend the ordinance.

Barnard believes the new interpretation also exempts the home of the U.'s president from the 100-foot rule.

djensen@sltrib.com