home > newsroom ACLU Federal Lawsuit Challenges H.B. 322 New Commercial Terrorism Statute FOR IMMEDIATE RELEASE Monday, April 2, 2001 SALT LAKE CITY – The American Civil Liberties Union of Utah filed suit today in the United States District Court challenging the constitutionality of the recently enacted H.B. 322. That statute creates a new crime of commercial terrorism. Plaintiffs, Utah Animal Rights Coalition, challenge the statute because it is vague and chills First Amendment protected speech. Further, the statute prohibits picketing and demonstrations in front of a business by all demonstrators except for labor unions. That provision violates the Equal Protection provisions of the Utah and United States Constitutions. ”If there were a government interest in prohibiting free speech in front of businesses, that compelling interest should apply to picketing by labor unions as well as picketing and demonstrations regarding, for instance, racial discrimination occurring at certain businesses,” stated Janelle Eurick, staff attorney for the ACLU. “The Government can not discriminate against picketers based upon the message they want to convey.” “The new statute prohibits picketers from emitting light rays or sound waves that enter businesses,” complained Brian Barnard, co-counsel for the plaintiffs. “Free speech involves sound waves. So under this statute a crime is committed if demonstrators make noise or hold signs in front of a business such that noise can be heard or people can be seen from inside. Being present and visible is emitting light rays.” The lawsuit was filed on behalf of Utah Animal Rights Coalition and two of its members, Salt Lake County residents Bill French and Summer Adams. The complaint alleges that the group and its members are fearful that they will be charged with a crime for simply exercising their First Amendment right to picket and demonstrate in front of businesses. UARC is a non-profit Utah corporation that seeks to promote and protect animal rights. They conduct protests and demonstrations to educate the public as to issues of animal cruelty and to promote the ethical treatment of animals. The lawsuit asks for a determination that the new law is unconstitutional and for an injunction to prevent its enforcement. The law is to go into effect on May 1st. Plaintiffs will seek a preliminary injunction to prevent implementation while the lawsuit is pending. --end--

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