UDOT restricted free speech with insurance requirement, judge rules

UDOT restricted free speech with insurance requirement, judge rules

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SALT LAKE CITY — A federal judge has ruled against the Utah Department of Transportation in a case involving two groups required to buy insurance to stage a protest in downtown Salt Lake.

UDOT said it was trying to ensure public safety, but the judge ruled that ordering the groups to get million-dollar insurance policies doesn't accomplish that, restricts free speech and who can protest on public streets.

The groups wanted to march on State Street in 2011 to raise awareness of climate change. They obtained permits from the city but were required to get additional permission from UDOT, since State Street is a state highway.

UDOT required anyone wanting to march on a state highway to obtain an insurance policy with $1 million per incident and $2 million aggregate coverage. Additionally, UDOT required them to sign indemnification agreements protecting UDOT.

One of the group's attorneys, Stewart Gollan, said UDOT was overreaching.

"For instance, Salt Lake City also requires a permit to do street marches, but they simply require that you sit down with police, put together a traffic plan, make sure that you are doing it safely, and they don't require insurance or a waiver," he said.

He also said the policy was too vague.

In a statement, UDOT said it wants to protect motorists and those who apply for permits, and to do so fairly. It said it will review the court's decision and determine how to do that.

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Peter Samore

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