Salt Lake Tribune

Judge Delays English-Only From Becoming State Law
Injunction gives court, sides time to prepare for constitutionality talks

A 3rd District judge imposed a temporary restraining order Friday on Utah's newly approved Official English law, saying the measure raises serious First Amendment concerns. 
    Judge Ronald Nehring set a hearing for Dec. 14 to discuss the law's constitutionality. 
    The measure, approved by Utah voters Nov. 7 by a 2-to-1 margin, was to take effect Sunday. 
    "That's what we wanted. We thought we got a good hearing. The battle's obviously not over," said Steve Marsden, an attorney with Giaque, Crockett, Bendinger & Peterson. 
    The law firm has joined with the Utah Chapter of the American Civil Liberties Union and the Multi-Cultural Legal Center to represent nine plaintiffs who are suing the state over the law. 
    Those plaintiffs, mostly government officials, say the law is so vague that it will impede their ability to communicate with or design programs for non-English speaking constituents. They also say the law could prevent constituents from petitioning government. 
    The law requires that all state government business be conducted in English, though it lists numerous exceptions for such things as law enforcement, judicial proceedings and promotion of tourism, including the Olympics. 
    Nehring said the injunction would not inconvenience anyone, while giving the court time to sort out its implications, including how it will be enforced. 
    "What I fear is that interpretation [of the law] will be driven by its proponents, rather than by a deliberate, reasoned approached based on legal and constitutional analysis," he said. 
    Lisa Watts-Baskin, an attorney representing Utahns for Official English, said the restraining order "is really not a big deal." 
    It merely delays the implementation of the bill, which is unfortunate, she said. 
    In response to allegations the Official English law is unconstitutional and toothless, Watts-Baskin said, "As far as we're concerned, it is not incomprehensible and not inconsequential, and by no means, unconstitutional." 
    Utahns for Official English joined with Washington, D.C.-based U.S. English to gather petitions to place the initiative on the Nov. 7 ballot and get it approved by voters. 
    Watts-Baskin said the restraining order gives proponents of the law time to file a motion to intervene in the case.