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SALT LAKE CITY -- The Utah Animal Rights Coalition has filed a civil lawsuit against the Utah Highway Patrol and three state departments after members of the group were told they could not hand out leaflets at the Capitol. The fliers sought to convince lawmakers to support bills that would change the age restrictions for minors in obtaining a hunting license.
The lawsuit contends that the constitutional rights of UARC members David Berg and Eric Waters were violated when a state trooper said they were breaking state Capitol grounds rules by distributing the leaflets. "They were told you can stand there and if somebody approaches and asks for one, you can hand it to them," UARC's attorney Brian Barnard said Friday. The lawsuit was filed Wednesday in U.S. District Court and is assigned to Judge Dale A. Kimball. No hearing date has been set, a federal court clerk said. The lawsuit seeks unspecified monetary damages. The leaflets, which referred to House bills 328 and 329 were handed out Tuesday. The fliers said lowering the age for hunting licenses would increase the number of hunting accidents in Utah and referred to Vice President Dick Cheney accidentally shooting and wounding a hunting companion. HB 328, which eliminates any age requirements on hunting licenses for turkey and other small game, passed both the House and Senate. HB 329, which would lower the age limit from 14 to 12 for big game hunting licenses, passed the House but failed to get a hearing in the Senate and died. According to court documents, Trooper Preston Raban told Berg and Waters that handing fliers to anyone but a person who asked for one was against state law and considered soliciting. The lawsuit also contends Raban threatened to arrest Berg and Waters. Berg and Waters now fear returning to the Capitol, the lawsuit said. Utah Highway Patrol spokesman Sgt. Sheldon Riches said Friday he was aware of the lawsuit, but that the department does not comment on pending litigation. Rules for the use of state Capitol facilities posted on the Department of Administrative Services Web site state that the distribution of handbills, leaflets or other printed materials is solicitation. Defined as any activity connected with a commercial purpose, solicitation is banned on Capitol grounds unless the material is posted on a designated bulletin board. Department Executive Director D'Arcy Dixon Pignanelli, who is also named in the lawsuit, was unavailable for comment Friday. Also named in the lawsuit are the Division of Facilities Construction and Management and the Utah State Capitol Preservation Board. Allyson Gamble, the board's director of communications also said she could not comment on the lawsuit. Gamble said she was aware of the lawsuit, but had not yet seen it nor had she been informed of any problems on the day of the alleged incident.
This story appeared in The Daily Herald on page D2.
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