980 F. Supp. 2d 1356
D. Utah2013Background
- UDOT conditioned state highway permits for a climate march on liability insurance and an indemnification form.
- iMatter Utah and Positive Change Utah planned street marches on State Street in Salt Lake City to address climate change.
- UDOT amended its rules after suit, removing the waiver and requiring only indemnification for free-speech events; insurance remained, indemnification narrowed.
- Plaintiffs sued asserting First Amendment violations; defendants moved for summary judgment and challenged standing and mootness.
- Court held the insurance and indemnification requirements as written are not narrowly tailored and unenforceable; prior waiver/advance-notification provisions moot; damages denied but fees possible; qualified immunity applied to defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge insurance/indemnification | iMatter Utah has injury-in-fact and facial/as-applied challenges. | Defendants argue lack of indigency evidence and no redressable injury. | iMatter Utah has standing for both facial and as-applied challenges. |
| Insurance requirement narrowly tailored | Regulation burdens more speech than necessary; not narrowly tailored. | Policy serves a significant government interest and is content-neutral. | Not narrowly tailored; unconstitutional as applied and facially. |
| Indemnification requirement narrowly tailored | Indemnification is overly broad and deters speech; Claiborne concerns. | Indemnification narrowed to acts under permittee control; justified. | Not narrowly tailored; unconstitutional as written. |
| Ample alternatives and State Street as a forum | Even with alternatives, State Street holds special significance and cannot be cut off. | Sidewalks/adjacent streets provide ample alternatives. | Even with alternatives, State Street requires narrowly tailored restrictions; current rules fail. |
| Mootness of prior waiver/advance-identification claims | Voluntary changes do not moot a live constitutional challenge to prior requirements. | New rules render prior claims moot. | Prior waiver/advance-identification claims moot; damages claims preserved. |
Key Cases Cited
- Eastern Connecticut Citizens Action Group v. Powers, 723 F.2d 1050 (2d Cir.1983) (insurance requirement substantially infringes First Amendment rights)
- Thomas v. Chicago Park Dist., 227 F.3d 921 (7th Cir.2000) (upheld insurance-like rule for events in parks; no ruling on narrow tailoring)
- Ward v. Rock Against Racism, 491 U.S. 781 (1989) (content neutrality; narrow tailoring; government interest must be served without suppressing speech)
- Clark v. City of Colorado—Non-Violence, 468 U.S. 288 (1984) (time, place, and manner restrictions require structuring to be narrowly tailored)
- Sullivan v. City of Augusta, 511 F.3d 16 (1st Cir.2007) (indigency and/or funding challenges to speech-related costs analyzed across circuits)