Prosecutors drop case against gay couple accused of trespassing on LDS property
Prosecutors won’t pursue a case against two men accused of trespassing on LDS Church property earlier this month. An LDS Church security guard detained a gay couple on Salt Lake City’s Main Street Plaza on July 9 after observing the pair “kissing and hugging,” according to a police report. Derek Jones and Matt Aune were cited for trespassing after refusing to leave. The incident led to two kiss-in protests against the church in Salt Lake City and one in San Diego. Aune has said the couple’s display of affection was modest, but officials with The Church of Jesus Christ of Latter-day Saints, which owns the plaza, released a statement that the two men were “much more involved” than a “simple kiss on the cheek.” It said the couple “engaged in passionate kissing, groping, profane and lewd language, and had obviously been using alcohol.” In a statement released Wednesday, Salt Lake City Prosecutor Sim Gill said the trespassing case against Jones and Aune has been dropped. Gill said despite 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.”
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Gay incident reopens Salt Lake City’s Main Street plaza wounds
It’s the wound that won’t heal. The rift that won’t close. And earlier this month, two gay lovers’ purportedly innocuous late-night kiss — though LDS Church officials insist it was far more amorous than that — ripped it wide open. Utah’s simmering religious divide boiled over — once again — at the geographical and philosophical intersection of church and state: the Main Street Plaza in downtown Salt Lake City. “It is a scab that will continue to be peeled away — and may never heal,” says Dani Eyer, the former ACLU director who fought to preserve First Amendment rights on the plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for trespassing. In protest, supporters of the couple staged a “kiss-in” last Sunday outside the plaza and plan another such demonstration today. The LDS Church — a faith to which 60 percent of Utahns belong — defended its right to regulate “inappropriate behavior” on the plaza. “What we’re seeing now is a manifestation of what should have been obvious from the very beginning,” says former Salt Lake City Mayor Rocky Anderson. “This block of Main Street never should have been conveyed to the LDS Church. It was a recipe for ongoing resentments between the LDS Church and those who are not members.” The church bought the strip of Main — from North Temple to South Temple — in 1999 after then-Mayor Deedee Corradini and the City Council, with the only two non-LDS members dissenting, signed off on the $8.1 million deal. But the controversy burned for five more years as federal courts were asked to settle the prickly issue of whether the church could govern expression on the plaza and whether the city could retain a public right of way (as outlined in the original deal). “It was meant to be for everybody,” Eyer says. “Where people come and go their constitutional rights go with them.” After a 10th U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities returned to the plaza. But demonstrations by anti-Mormon protesters — including cries of “whore” and “harlot” hurled at newlywed brides — “sustained divisions” that “reached to the point of hatred” between Mormons and non-Mormons, Anderson says. In the end, he agreed to trade the public easement for cash and LDS land to build a west-side community center.
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Gay Kiss Arrests In Utah Defended By Mormon Church
In the wake of one “kiss-in” protest carried out last Sunday and ahead of another one planned for this Sunday, the LDS Church issued a statement Friday defending its Main Street Plaza property rights and its actions involving a pair of men cited there last week for their public displays of affection.
Echoing previous comments made by a church spokeswoman following the July 9 incident, Friday’s statement said the pair were asked “to stop engaging in behavior deemed inappropriate for any couple of the plaza,” which was “more involved than a simple kiss on the cheek.”
“They engaged in passionate kissing, groping, profane and lewd language and had obviously been using alcohol,” the statement continued. “They were politely told that the plaza was not the place for such behavior and asked to stop. When they became belligerent, the two individuals were asked to leave church property.”
The two — Derek Jones and Matthew Aune — were detained by church security, cited by Salt Lake police for trespassing, an infraction of city ordinances, and later released.
The police report stated that Aune said the two had been drinking earlier at the Gallivan Center. After leaving and passing through the plaza, they sat down and he kissed Jones. Aune told police that when the two were confronted by church security and asked to leave, he refused, and he was slammed to the ground as security detained the pair with handcuffs.
See Gay Kiss Arrests In Utah Defended By Mormon Church
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