A gay couple who were detained by Mormon church security guards and later cited by police for “trespassing” after they shared a kiss at Salt Lake City’s Main Street Plaza, will not be prosecuted, Salt Lake Tribune reports.
Charges were dropped today against the couple whose detention has sparked a series of protest demonstrations in Salt Lake City and elsewhere.
The the church-owned television station, KSL, summarizes the incident this way: “On July 9, Derek Jones and his boyfriend, Matt Aune, walked through the plaza holding hands. One reportedly kissed the other, and that's when security guards asked them to leave.”
The area where the couple was detained appears to be a public right-of-way, but ownership was turned over to the church a decade ago. That still-controversial land swap was addressed by the prosecutor when he dropped charges.
He said that if the church allows the public to use the plaza, that it must make it more obvious to visitors what kinds of rules it intends to enforce there.
The Tribune reports:
[Salt Lake City prosecutor Sim] Gill said despite the fact that Main Street Plaza is owned by the church, there “continues to be a mistaken belief by many visitors that there is a public right of way.”
“There is conflicting notice to those who walk onto and through this corridor that they do so with permission and exclusive pleasure of the property owner. There is no personal right to be there and no necessity for the property owner to explain if and why the property owner wishes to eject a visitor,” Gill said.
“Simply stated, the property owner does not have to give a reason. However, once a visitor is allowed to come upon or is invited upon the property, the property owner must provide some notice of the conditions under which the visitor received permission to enter the property subjecting the visitor to the discretion of the property owner.”
Sim said that Jones and Aune should not have been cited for trespassing by Salt Lake City police “because they believed they had a right to be there” – a belief that Sims described as “reasonable”.
Kim Farah, a church spokeswoman said in a statement, “While we feel the city had the necessary elements available for prosecution in this matter, the decision on whether to move forward or not rests with the city prosecutor.”
Source: Prosecutors drop case against gay couple accused of trespassing on LDS property - Salt Lake Tribune