1. “Olympic Square”-- We understand that a large area of downtown Salt Lake City, yet to be specifically delineated but comprising a number of public streets and sidewalks, will be designated as “Olympic Square,” referred to as “SLOS.” The area will be fenced, and will have certain limited points of ingress and egress.

This is similar to the “secured zone” law enforcement officials identified around the Staples Center in Los Angeles in connection with the 2000 Democratic Convention, and the area secured by an “Omnibus Special Events Permit” to the Republican National Committee for the 2000 Republican Convention in Philadelphia. The ACLU successfully challenged exclusive-use designations of those venues, and would challenge any effort to grant SLOC exclusive access to SLOS. We trust that will not be necessary, however, because you reiterated that expressive activities will be allowed within SLOS, subject only to reasonable, content-neutral time, place and manner regulations. We discussed the following general guidelines:

A. The City can take reasonable security measures as to all persons who enter SLOS. Such measures would have to be justifiable without regard to expressive content. Thus, for example, individuals will not be denied entry because of the expressive content of a pin, item of apparel, flag, banner or leaflet, and they will be able to circulate freely within SLOS, to distribute leaflets, etc.

B. The City proposed that certain areas within SLOS be designated for demonstrations, and we accept that proposal in principle, assuming that the areas provide speakers meaningful access to their intended audience. You requested that we identify specific areas we would find acceptable. We cannot do so, especially given that we do not know which speakers might wish to uses the areas, which activities those speakers might wish to highlight on which days, or precisely which areas are already dedicated to other activities – and, therefore, which areas can be used to ensure meaningful access to the speakers’ intended audience. We can however, offer some general observations and suggestions:

i. What is plainly not acceptable is the suggestion that a single area limited to 25 persons will suffice. SLOS comprises several city blocks designed to accommodate tens of thousands of people. A single area for demonstrations with a limit of 25 persons represents a 10 x 20 foot box (assuming 8 square feet per person). Such a limited accommodation plainly would be inconsistent with the City’s stated desire, and responsibility, to protect free speech in this public forum.

ii. We believe a minimum reasonable accommodation would comprise at least 2 demonstration areas for up to 100 people, in locations that will allow the speakers to communicate with their intended audiences. Each would require designation of a 20 x 40 foot area, which seems very modest given the size of SLOS. One application has already been submitted for a permit for up to 100 people for an area near the Medals Plaza; another is pending for a site adjacent to the Delta Center.

C. Expressive activities cannot be prohibited or interrupted unless there is a clear and present danger to public safety. If limitations are to be imposed on unticketed entry to SLOS at specific times, demonstrators must be apprised of those limitations so they can be sure they won’t be prohibited from entering when they are scheduled for access to demonstration areas.

2. Streets and Sidewalks Adjacent to Olympic Square:

A. The City can impose reasonable, content-neutral time, place and manner regulations on demonstrations on the streets and sidewalks adjacent to SLOS. Any such regulations must be narrowly tailored to further compelling government interests, however, and must ensure that demonstrators have reasonable means to reach their intended audience. During the 2000 Democratic Convention, the City of Los Angeles designated a single demonstration area 260 yards from the Staples Center. The ACLU successfully challenged the City’s designation of that area because it was not narrowly tailored and did not provide adequate alternative means of communication. Similarly, any effort by Salt Lake City to limit demonstrations outside Olympic Square to Pioneer Park – ½ mile away from Olympic Square – would be subject to challenge.

3. Other Traditional Public Forums:

A. Demonstrators must be allowed reasonable access to streets and sidewalks adjacent to other Olympic venues, such as the Gallivan Center, the City and County Building, Rice Eccles Stadium, etc. That access must be close enough to the venues to ensure demonstrators can reach their intended audience.

4. Pioneer Park and Protest Route:

A. As we stated, we are not opposed to the designation of a separate site for staged free-speech events and a protest parade route that would accommodate a larger number of participants than could reasonably be accommodated in SLOS, so long as demonstrations are not limited to those areas. Because DRAC is one of the groups that wants to use such an area, it must be accessible to the disabled. Moreover, the area must be visible and readily accessible to persons going to and from SLOS and the other downtown areas. We understand this is the City’s intent.