Forgive us our trespasses: Embrace lands Salt Lake couple in handcuffs

A couple was arrested in Salt Lake City on June 9 (CORRECTION: July 9) after holding hands, hugging, and sharing a kiss on property owned by the Church of Jesus Christ of Latter-day Saints.

Mormon church security guards saw the public display of affection, reportedly deemed it “inappropriate,” and immediately demanded the couple leave the property.

The couple refused to leave and questioned the guards’ right to evict them, probably using some profanity in the discourse, according to news reports.

The Mormon guards reportedly forced the couple to the ground, handcuffed them and searched their clothing. Then the guards called Salt Lake City police, who cited the couple for criminal trespass and released them.
SLCPD Sgt. Robin Snyder compared the “offense” to a nonpaying customer who tries to use a restaurant restroom, according to a Deseret News article. Police can’t arrest the person for trying to use the bathroom, but they can arrest the person if they refuse to leave, Snyder reportedly said.

In religious connotations, “trespass” is commonly equivalent to “sin.”

Under Utah law, as it may apply to this incident, criminal trespass means a person unlawfully enters and remains on a property with intent to cause annoyance.

The person must know his presence is unlawful by means of an obvious fence or posted sign; or because the owner or “apparent” representative personally communicates the offense to the person.

“If a person is asked to leave private property for whatever reason and refuses to do so, that is technically trespassing,” Snyder reportedly told The Salt Lake Tribune.

Utah law says it is a defense to a criminal trespass charge that “(a) the property was open to the public when the actor entered or remained; and (b) the actor's conduct did not substantially interfere with the owner's use of the property.”

The property in question used to be a major public road with sidewalks in the heart of Salt Lake’s downtown district. The city sold the property to the LDS church in 1999. Now it is an outdoor pedestrian mall with no vehicular traffic – private property, but open to the public.

The arrested couple lives in one of the hundreds of homes north of the pedestrian mall. They were walking home from a downtown, outdoor concert event.

In most U.S. jurisdictions, property owners cannot use force to detain a trespasser until police arrive because it prevents the detainee from curing the offense by leaving.

Utah law restricts the use of force in protecting property “to the extent that he reasonably believes that force is necessary to prevent or terminate criminal interference with real property or personal property.”

As indicated by news reports, the annoyance was the public display of affection.

If, and to what degree, the couple’s embrace substantially interfered with the church’s use of its property is not yet known.

The Salt Lake City Police Department refused a request for the complete incident report, citing the state’s rule that it has five days to comply with a public records request, according to The Salt Lake Tribune.

The couple – Derek Jones and Matthew Aune – believes the church guards singled them out because they are gay, according to Jones’s written statement to www.blueinredzion.com and statements the men made to news outlets.

The LDS church’s position on homosexuality is well documented. Many reader comments on local news Web sites support the church’s right to enforce its beliefs on visitors to its properties.

Discrimination based on sexual orientation is not protected by state or federal laws, however, the couple was treated “just as any other couple would have been,” LDS spokeswoman Kim Farah said in a prepared statement.

Utah government agencies count more than 20 million airport visitors and more than 20 million vehicles entering state borders per year.

The LDS church’s Temple Square, adjacent to the incident location, is touted as the number-one tourist spot. Visitors spend about $1.590 billion per year according to the Salt Lake Convention & Visitors Bureau.

As of this writing, no news reports have said whether other couples have been evicted from the church’s property for holding hands, hugging and kissing.

Copyright 2009. Cyndy Hardy. This article may not be reproduced, reprinted or redistributed without prior written permission from the author. Contact the author at cyndyhardy@msn.com.