Charges against a Utah gay couple have been dropped for trespassing after they kissed on LDS property. From the Salt Lake Tribune.

Salt Lake City Prosecutor Sim Gill said Wednesday he will not prosecute a gay couple cited for trespassing after they shared a kiss on the plaza.

“The two individuals believed — albeit mistakenly — that they had the right to be there,” Gill said. “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.”
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Gill said his decision not to prosecute this particular case “should not be viewed as limiting” the ability of the church to enforce its private-property rights on the plaza in the future.

“Going forward,” he said, “working toward clarity [on the plaza] serves everyone’s interests in this community.”

Gill’s analysis cites the lack of signs on the plaza that indicate visitors are entering private property “at will,” meaning they can be ejected at any time for any reason.

“The signs will obviously change on the plaza,” Wally Bugden, Jones’ defense attorney said. “The vast majority of the public believed that there was a public corridor.”

Since the incident supporters have staged kiss-ins in Salt Lake and San Diego protesting the actions of the LDS church. Those protests have also inspired a national kiss-in campaign.

Update: A surveillance video (no audio) has been released of the incident showing LDS security roughing up the gay couple.

Over 20 gay and straight kissers rallied near a Mormon temple in San Diego late yesterday, showing their support for a Utah gay couple who were cited and detained for trespassing after kissing on LDS property. From the Fox affiliate in San Diego:

This is the third kiss-in in as many weeks, and appears to have inspired a movement which is now going national, with kiss-ins tentatively planned in the following cities:

The movement is being spearheaded by bloggers David Badash and David Mailloux.

The Salt Lake City PD finally issued their report yesterday on a gay couple that was handcuffed and detained last month for refusing to leave after being harassed by LDS security guards for briefly kissing on church property. The full report, available here, appears to contradict the story told by LDS security guards at the scene.

Spokesmen for the Church of Jesus Christ of Latter-day Saints and the Salt Lake City police department have thus far declined to specify the behavior that prompted guards to ask Matt Aune, 28, and his partner, Derek Jones, 25, to leave the plaza at 50 E. North Temple. Aune said that the guards “slammed him to the ground” while detaining him; a guard disputed that claim, according to the police report.

Aune and Jones said they have seen heterosexual couples holding hands and kissing without incident on the plaza. Church spokeswoman Kim Farah has said the Aune and Jones were not singled out for being gay and that they were “politely asked to stop engaging in inappropriate behavior.”

However, the police report does not indicate the men were given the option to stay if they stopped kissing or hugging. It states only that the guard told the men that “they need to leave [church] property for the behavior and that [it] is unwanted,” and that the men were detained when Jones said he would not leave.

Last weekend, nearly one hundred  protestors staged a “kiss-in” on church property in support of the couple. While LDS security was present, no arrests were made. Another kiss-in is scheduled for noon this Sunday.

A gay couple was cited and handcuffed after a peck on the cheek while walking home from an event in Salt Lake City.

Aune said the incident started when he and Jones were walking back to their Salt Lake City home from a Twilight Concert Series show at the Gallivan Center. The couple live just blocks away from the plaza in the Marmalade district of the Capitol Hill neighborhood.

The pair crossed the plaza holding hands, Aune said. About 20 feet from the edge of the plaza, Aune said he stopped, put his arm on Jones’ back and kissed him on the cheek.

Several security guards then arrived and asked the pair to leave, saying that public displays of affection are not allowed on the church property, Aune and Jones said. They protested, saying they often see other couples holding hands and kissing there, said Jones.

“We were kind of standing up for ourselves,” Jones said. “It was obviously because we were gay.”
The guards put Jones on the ground and handcuffed him, he said. Aune said he was also cuffed roughly, and suffered bruises and a swollen wrist. The injuries did not require medical treatment, Snyder said.

More as it develops…