Utah Not Quite a Fascist Theocracy (yet)

Salt Lake City prosecutors have dropped criminal tresspassing charges against Matt Aune and Derek Jones. Remember them? They were handcuffed and roughed up by Mormon church security guards after they were spotted kissing and holding hands in a plaza that abuts the LDS temple. Mormon authorities claim the pair were engaging in "groping, profane and lewd language," which Aune and Jones dispute. But since the church owns the plaza, they felt they could police the behavior of anyone walking through.

Prosecutor Sim Gill disagreed, at least in this case, citing the ambiguous nature of Main Street Plaza, which many, including Aune and Jones, mistake for a public park.

"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," says Gill, although he stresses his decision "should not be viewed as limiting" the church's right to exercise control over its property in the future. Translation: if you want to operate a iron-fisted theocracy on your church grounds, you need to make that clear to passers-through.