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2 groups sue state, saying rights violated
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated.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.

Members of an anti-hunger group and a disabled rights organization have filed a lawsuit alleging their constitutional rights were violated during the 2006 legislative session when authorities at the state Capitol tried to ban them from handing out political fliers and buttons.

The complaint was filed by the Anti-Hunger Action Committee and the Disabled Rights Action Committee on Friday in a Utah Federal Court.

The complaint alleges that members of the Utah Highway Patrol and House security officers, who provide security at the Legislature, barred activists from passing out the fliers or buttons unless people asked for them, court documents state. In one instance, authorities threatened to arrest two activists and confiscate leaflets if any more were passed out.

Salt Lake City attorney Brian Barnard represents both groups. The lawsuit in this case is similar to one Barnard filed on behalf of animal rights activists who claim they were similarly threatened for handing out leaflets during the session. In that case, a federal judge ruled in April that the activists could hand out fliers on a temporary basis until a hearing in May. The state has already settled with the group, agreeing to let them hand out leaflets and hold small demonstrations until new rules governing such activities are adopted by the Capitol Preservation Board this fall.

The Utah Attorney General's Office said the new lawsuit filed Friday is redundant because the issues it raises are already being addressed.

"It's basically another bite of an apple that's already been bit," Utah Attorney General's Office spokesman Paul Murphy said. "This lawsuit will not help anyone have a stronger voice in public policy."

Both organizations are asking for an injunction against the state from interfering with their rights of expression under the U.S. and Utah constitutions. They are also asking for unspecified monetary dam- ages.

jbergreen@sltrib.com

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