June 23, 2011

Michael Allegra

General Manager

Utah Transit Authority

669 West 200 South

Salt Lake City, Utah 84101

(801) 819-3128; mallegra@rideuta.com

Neal Gatherum

Lamar Transit Advertising

754 South 200 West

Salt Lake City, Utah 84101

(801) 532-1565; ngatherum@lamar.com

Re: GRAMA Request Relating to the Utah Transit Authority’s Refusal to Permit

the United Coalition of Reason’s Advertisements on UTA’s TRAX Trains

Messrs. Allegra and Gatherum:

I am writing regarding the decision1 (the “Refusal Decision”) of the Utah Transit

Authority (the “Authority”) to refuse to allow the United Coalition of Reason (the “Coalition”) to

run an advertisement2 (the “Coalition Advertisement”) on the Authority’s TRAX light rail trains.

As you know, the Authority is a “political subdivision of the state of Utah.”3 The

Authority has contracted with Lamar Transit Advertising (“LTA”) to act as its agent in handling

the business of advertising on its public transit vehicles. Both the Authority4 and LTA

5 are

1 The Authority refused to enter into a contract with the Coalition, stating in an email from Brandon Bott dated June

16, 2011, that “This ad is not approved as it does not meet UTA’s advertising policy. Consistent with our policy, we

don’t allow message ads from non-governmental organizations.” 2 The proposed advertisement, which was submitted to the Authority, included the text: “Don't believe in God? You

are not alone.” 3 Burke v. Utah Transit Authority, 462 F. 3d 1253 (10

th Cir. 2006). The Authority was created pursuant to Utah

Code Ann. §§17B–2a–801 to –825 (2009). See also Greene v. Utah Transit Authority, 37 P. 3d 1156 (2001)

(explaining that the Authority “is a governmental entity”); Weiser v. Union Pacific R.R. Co., 2010, 649 Utah Adv.

Rep. 32, 2010 UT 4, 2010 WL 391863, ¶ 39 (“UTA is a public transit authority created under the power granted by

the Utah Legislature in the Utah Public Transit District Act . . . UTA is a local governmental entity.”) 4 The documents requested herein (see below) are public records under the Records Act, which defines public

records to include a “book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic

data, or other documentary material regardless of physical form or characteristics: (i) that is prepared, owned,

subject to the requirements of the Utah Government Records Access and Management Act

(U.C.A. 1953 §63G-2-201 et seq.) (the “Records Act”).

Pursuant to the Records Act, we hereby request copies (in electronic form6 if available)

of the following documents (the “Requested Documents”), whether currently in the possession of

the Authority, LTA or any other party:

1. All documents relating to the Refusal Decision;

2. All documents relating to the policy or policies (official or unofficial, written or

unwritten) of the Authority and/or LTA regarding the types of advertisements or other

messages accepted or rejected by the Authority (or LTA on its behalf) for display on

or in the Authority’s transit vehicles, stations or other property (such advertisements

hereinafter referred to as “Transit Advertisements”), or any discussion relating to such

policy or policies;

3. Copies or complete descriptions of all Transit Advertisements accepted by the

Authority (or LTA on its behalf) within the last 2 years, including the identity of the

party (i.e. the principal, not advertising broker or agent) purchasing such Transit

Advertisements and the text and images therein;

4. Copies or complete descriptions of all Transit Advertisements rejected by the

Authority (or LTA on its behalf) within the last 2 years, including the identity of the

party (i.e. the principal, not advertising broker or agent) who sought to purchase such

Transit Advertisements and the text and images therein;

5. All communications between or among the Authority, LTA and any other party

relating to the Refusal Decision7 or to any other decision made to refuse to accept any

Transit Advertisements within the last 2 years;

6. All contracts between the Authority and LTA; and

We hereby request that you respond to this request on an expedited basis. 8

Because this

request involves fundamental issues of First Amendment Constitutional rights and therefore of

received, or retained by a governmental entity or political subdivision; and (ii) where all of the information in the

original is reproducible by photocopy or other mechanical or electronic means.” U.C.A. 1953 §63G-2-103(22)(a).

The Records Act defines “governmental entity” to include “any political subdivision of the state.” U.C.A. 1953

§63G-2-103(11)(a). 5 Records that are “normally public” include inter alia “records documenting the services provided by a contractor

or a private provider to the extent the records would be public if prepared by the governmental entity;” and

“contracts entered into by a governmental entity.” U.C.A. 1953 § 63G-2-301 (3)(c) and (d). 6 Section 201 of the Records Act provides that “[e]very person has the right to inspect a public record free of

charge” and that “a governmental entity shall provide access to an electronic copy of a record in lieu of providing

access to its paper equivalent if: (a) the person making the request requests or states a preference for an electronic

copy; (b) the governmental entity currently maintains the record in an electronic format that is reproducible and may

be provided without reformatting or conversion; and (c) the electronic copy of the record: (i) does not disclose other

records that are exempt from disclosure; or (ii) may be segregated to protect private, protected, or controlled

information from disclosure without the undue expenditure of public resources or funds.” 7 Section 301 of the Records Act provides that “correspondence by and with a governmental entity in which the

governmental entity determines or states an opinion upon the rights of . . . any person” is public absent an express

statutory exception, none of which are applicable here. 8 Pursuant to Section 204(3) of the Records Act provides that, given the public interest at issue, you must comply

with this request within “as soon as reasonably possible . . . but no later than 5 business days after receiving this

request.”

the most compelling public interest, this request “benefits the public” pursuant to Section

204(3)(a) of the Records Act and is therefore entitled to an expedited response.

You are required by the Records Act to make immediate delivery by e-mail or postal mail

of copies of all of the Requested Documents pursuant to this request to me at the following

address:

William Burgess

Appignani Humanist Legal Center

American Humanist Association

1777 T Street, N.W.

Washington, D.C. 20009

Or via e-mail to bburgess@americanhumanist.org

Please feel free to contact me9 with any questions you may have in response to this

request.

Sincerely,

/s/ William Burgess

William J. Burgess

Appignani Humanist Legal Center

American Humanist Association

9 As required by Section 204(1)(b) of the Records Act, my daytime telephone number is (202) 238-9088 should you

need to reach me immediately.