Posted on 05/29/2006 10:42:44 AM PDT by Logophile
SALT LAKE CITY, Utah — The Church of Jesus Christ of Latter-day Saints said today it is pleased the ACLU agreed to drop its lawsuit over management of BLM land at Martin’s Cove.
Martin’s Cove is historically significant because of the tragic story of the Martin and Willie Handcart Companies who were marooned there in 1856. The courage and sacrifice of these Mormon pioneers, and of their rescuers, is one of America’s great heroic stories.
The ACLU originally brought suit because of concerns over management of BLM property by a religious organization. However, once the ACLU learned about the Church’s plans to manage the property, it agreed legal action was no longer necessary.
The Church subsequently signed a document with the ACLU and the BLM confirming its plans for managing Martin’s Cove. Von Keetch, a lawyer with Kirton and McConkie acting for the Church, said, “Although the document is nonbinding, the Church has already implemented most of its provisions.”
The document confirms the Church’s willingness to do the following:
Maintain existing signs explaining the role of the Church in managing the BLM property and demarcating BLM and Church property lines.
Set aside a few parking spaces so that visitors may conveniently access the trail to Martin’s Cove without encountering Church-owned sites.
Establish visitation guidelines that affirm the right of the public to engage in free expression on BLM property to the same extent permitted on other BLM land.
Ensure that missionaries on BLM property will focus their activities on protecting public safety, preventing damage to the fragile desert environment and answering questions, rather than proselytizing.
As I understand it, correct me if I am wrong, the Church owned the property at the entrance outside of the BLM land. Technically it is the only modern entrance with streets and everything. So if someone wants to enter the BLM they had to pass through the Church's private property. In other words the ACLU was trying to sue the Church for what it did on its own private property. They didn't have a leg to stand on legally (uhh morally for that issue either I suppose). This is good news. Any time the ACLU gets the smack down I feel a warm fuzzy sensation in my Bosom.
Church to ACLU: I'll see your Godless Communist Homosexual Lawyers and raise you 5 Zoobie Mormon Lawyers
Alma 10:27 (from the Book of Mormon)
27 And now behold, I say unto you, that the foundation of the destruction• of this people is beginning to be laid by the unrighteousness of your lawyers• and your judges.
Unfortunately the ACLU succeeds with this tactic in many cases. Basically they file a lawsuit and the opposing party can't afford to hire a bevy of lawyers or is worried about paying for a multimillion dollar lawsuit (just think about the States giving in to the ACLU about public displays of religion to avoid the money battle). So even if the law is clearly on their side they give in to the ACLU. It is a form of extortion and bribery to me. Unfortunately too the ACLU can bank on finding many liberal judges who will rule in their favor, contrary to the laws of the land.
Kudos to the Church for beating the ACLU at its own game.
Yes, the ACLU runs a legal extortion racket. They have done quite well for themselves using the courts to intimidate their opponents.
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