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Fort Herriman Days was supposed to be a celebration of the best of patriotic, small-town America - complete with cotton candy and fireworks.
But free speech was another matter entirely.
Herriman Mayor J. Lynn Crane balked at allowing a group opposing a proposed constitutional amendment banning gay marriage to pass out literature from a booth at the city's founders day party last Saturday. But Crane's decision may put the 5-year-old city on shaky legal ground.
"If you open a public forum, you can't pick and choose who gets to be there," said Scott McCoy, director of the Don't Amend Alliance political issues committee. "We basically were discriminated against because of who we are and our position."
Crane is out of town camping with his family all week and could not be reached for comment. City receptionist Lynda White served as his proxy last Friday, passing on the bad news to leaders of Don't Amend.
"He felt that it was a celebration and not a time for nonpartisan or partisan issues," White said. "They didn't want to have anything that may be controversial to some people."
Herriman's mayor apparently didn't apply the same rules to politicians who walked in the city's parade the night before. Candidates including Democratic 3rd Congressional District hopeful Beau Babka and Republican Salt Lake County Mayor Nancy Workman's campaign volunteers glad-handed along the parade route Friday. And no other booth applications were rejected, White said.
Like business owners and craft vendors selling birdcages and carved wooden bears, Don't Amend representatives filled out their application and prepared to send in a $30 check. Then White called Friday afternoon to get more information about the committee. She eventually called back and asked the group not to come.
"We're just trying to talk to people. What do they have to fear from us talking to registered voters?" McCoy asked. "We don't have any nefarious plan to recruit people into the gay lifestyle. We don't have gay volunteers who are out to spread the 'gay word.' That's not what our campaign is about." Utah American Civil Liberties Union Director Dani Eyer said Crane's decision raises legal questions.
"Procedurally, it's suspect," Eyer said. "Once a government entity opens up a public forum, they can't choose which messages to promote and which to silence."
At the same time, governments can limit the public forum's content or subject - as long as leaders are consistent in applying the rules, Eyer said. So, if Herriman leaders strictly limited political participation at Herriman Days, Crane's censorship might pass constitutional muster. McCoy says Herriman officials never mentioned such nonpartisan rules.
City Attorney John Brems said he was unaware of the mayor's decision. Meantime, Don't Amend volunteers will fan out across the state this weekend, going to nine community Fourth of July celebrations, including parties in Layton, Tooele, Park City and Torrey.