Southern Utah News Front Page: October 29, 2020

Congregating allowed on corner of Hwy 89, 89A...if

Congregating on the corner of Hwy 89 and Hwy 89A is legal, as long as you don’t impede traffic on the road, or pedestrians walking on the sidewalk. If you do however, you may be warned and/or charged.

Last week’s joint press release from Kane County Attorney Rob Van Dyke, Kane County Sheriff Tracy Glover and Kanab City Police Chief Tom Cram stated ...“Any individual who is found to be congregating on these sidewalks or impeding traffice will be asked to leave...” To clarify:

Under Utah Code §§ 41-6a-1401(1)(a)&(b), vehicles cannot park, stop or stand within 20 feet of a crosswalk, 30 feet of a roadside traffic signal, or in front of any public or private driveway.

Under Utah Code 76-9-102(2), it is illegal for any person, whether using a vehicle or acting as a pedestrian, to obstruct pedestrian or vehicular traffic in a way that recklessly creates a risk of public inconvenience, annoyance or alarm.

Kanab City Ordinance 11-370 prohibits congregating or doing any other activity on sidewalks which obstructs free travel or passage of persons.

Groups exercising their First Amendment rights are free to do so on public property, including on sidewalks. However, they are not free to congregate in a manner that blocks or obstructs the safe travel of vehicles or pedestrians.

Additionally, early voting has begun at the Kane County Courthouse. This location was previously suggested as a safe location for protesting activities. Under Utah Code 20A-3a-501, certain activities are not allowed within 150 feet of the courthouse while it is open as a polling location. These activities include electioneering, circulating cards or handbills of any kind, soliciting signatures for a petition, or interfering with voters or the administration of the election.

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