Salt Lake City, UT-The LDS church security incident involving two gay men involved in public displays of affection has resulted in charges being dropped by the prosecutor. On July 9, 2009 LDS church security confronted two men engaged in homosexual activity on church property. Although versions of the story differ, the two men were asked to quit their activity and leave the property. When they refused, media reports stated the men were handcuffed and the police were called to the scene, where police summoned them into court for trespassing.
Consequently, Salt Lake City Prosecutor Sim Gill said Wednesday he will not prosecute a gay couple cited for trespassing after they shared a kiss on the plaza.
“The two individuals believed — albeit mistakenly — that they had the right to be there,” Gill said. “Fairness requires that either that property be not open to the public or you condition that [openness] in a way that the person who comes on understands that it is private property.”
There no longer is a public right of way, or accompanying free-speech rights, on the plaza.
Gill said his decision not to prosecute this particular case “should not be viewed as limiting” the ability of the church to enforce its private-property rights on the plaza in the future.
“Going forward,” he said, “working toward clarity [on the plaza] serves everyone’s interests in this community.”
Gill’s analysis cites the lack of signs on the plaza that indicate visitors are entering private property “at will,” meaning they can be ejected at any time for any reason.
“The signs will obviously change on the plaza,” Wally Bugden, Jones’ defense attorney said. “The vast majority of the public believed that there was a public corridor.”
Will the church security members face civil liability? The answer is unknown. Anyone can bring a lawsuit for any reason at anytime. Whether they win the lawsuit is another question.
Some important lessons for church security personnel are:
- Understand your local laws regarding property rights. Contact your local prosecutor or police department for clarification.
- Determine if you have the right to detain someone who is found on your property and engaged in criminal activity.
- Understand your right of self defense in your city and state and follow all applicable laws.
- Determine whether your church wants to post trespassing signs (this would be a tough one).
- Weigh the implication of your actions. Ask, is this a situation that warrants our involvement? Although an action may be offensive to you and your church, is the confrontation necessary? Will it lead to a media storm or political action against your church (ie The “Kiss-In”?)
- Does your church have adequate insurance to limit any risk to church staff or the church security team?
- What policy does your team have for handcuffing a person? Is it within the guidelines of state law?
Church security teams are formed to maintain a peaceful and safe environment for your church community. Actions deemed unreasonable or ill-advised by your local law enforcement community, including the prosecutor’s office, can hurt you personally if your actions were determined to be incorrect.
