Utah
Utah Legislature votes to join lawsuit on federal lands
The state Legislature’s Management Committee voted Tuesday to file a friend of the court brief before the U.S. Supreme Court in support of the Utah Attorney General’s lawsuit filed in August over 18.5 million acres of “unappropriated” public lands under federal ownership.
A tie vote of 4-4 was broken by leadership, as per rules, when House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, voted once again in favor of supporting the unique lawsuit.
Both Schultz and Adams said it is well past time that Utah do something about the vast amount of land controlled by the federal government that they say is often left in disarray and neglected.
“I’ve had the opportunity to watch Utah’s public lands over the last almost 40 or almost 50 years,” Schultz said. “And what is happening to our public lands kills me. As a conservationist at heart, who spends a lot of his own money, a lot of my own money, on improving land and making it better — to see the mismanagement that’s happening on our Forest Service lands, on our BLM lands, on all of the federally managed lands, is sickening, and we should all be ashamed of it. It’s going backwards.”
The amicus curiae, or friend of the court brief, comes in response to a lawsuit announced last month in a press conference by Utah Gov. Spencer Cox, joined by Utah Attorney General Sean Reyes.
The country’s highest court has yet to take up the case. But if it were to rule in Utah’s favor, control of a significant portion of public lands would shift to state capitals like Phoenix, Boise and Salt Lake City, instead of the nation’s Capitol 2,000 miles away.
It is those people, Schultz added, in charge of those lands in Utah — “bureaucrats” far removed from the state — who are out of touch with what is going on with the landscapes.
“It is not right and it is not fair,” he asserted.
Adams said the lawsuit leaves untouched places already under active management by federal agencies such as national parks, wilderness areas, national forests, monuments, tribal lands or military properties — land he describes as appropriated and serving a designated use. That amounts to 18.8 million acres.
But 18.5 million acres of federal land is unencumbered for a special purpose, land that the state fears will soon change with public land restrictions that no longer make the land public multiuse and for purposes of sustained yield — something etched in stone under the Federal Lands Policy Management Act passed in 1976.
The land ownership by the federal government puts Utah at a distinct disadvantage, Adams said.
“In comparison the federal government owns less than 1% of the ground in Connecticut, New York and Rhode Island. Our Founding Fathers took care of those three states,” Adams said. “If you move on, less than 3% of the land is federally owned in Delaware, Maine, Massachusetts, Ohio and Pennsylvania, and yet they own 70% of the land here in Utah.”
Look but don’t touch
Some GOP lawmakers have said the federal government is whittling away access to land they control, via restrictions that include 500 miles of roads closed and more to come. Grazing allotments are at risk as well, due to a new position by the Bureau of Land Management that nongovernment organizations are on an equal footing when it comes to being granted leases — but for conservation purposes lawmakers say have the potential to decimate public access.
“It takes a hands off, don’t touch, stay out approach, and they’re going to continue to close down more roads. This is access to some of those of us that love to get out and recreate, camp and climb or whatever it is,” Schultz said. “Hiking in our public land, they’re no longer going to have access to some of their favorite areas unless they’re willing to walk in 15 to 20 miles to get … to this area or to the area where they historically had access — and that is not fair to people with disabilities and that is not fair to people who can’t hike that far in.”
Several Democratic members of the Legislative Management Committee made clear their objection to Utah’s involvement, citing the costs that will run into the millions and the small chance of any tangible victory.
“I think it’ll be taxpayer money being lost in another fruitless litigation. But we will lose outdoor recreation opportunities. We will lose habitat for wildlife, and this will provide us with an opportunity to privatize some of the 70% of the land we all recreate on,” said Sen. Kathleen Riebe, D-Cottonwood Heights.
Rep. Jen Dailey-Provost, D-Salt Lake City, also wanted her name put on record as opposing the legal action.
But if the state is successful, it would take over leasing on those federal lands.
Utah has hired former U.S. Solicitor General Paul Clement and leading Supreme Court advocate Erin Murphy to argue the case, which could add up to $14 million in costs.
Utah
Utah hit with largest measles outbreak in over 30 years
SALT LAKE CITY (KUTV) — Utah has been hit with the largest measles outbreak in more than 30 years.
The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.
As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.
MORE | Measles
“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”
Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.
“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.
Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”
“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.
“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”
The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.
“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”
She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.
“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.
The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.
The state is asking people to cooperate with the health department’s contact tracers if they call.
If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.
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Utah
Widow of slain Utah County sergeant testifies in favor of accomplice’s parole
EAGLE MOUNTAIN, Utah — Nannette Wride-Zeeman says her late husband, Utah County Sheriff’s Sergeant Cory Wride, is still very much a part of her life nearly 12 years after he was ambushed and killed in Eagle Mountain.
On Tuesday, Wride-Zeeman did something that might surprise many people: She testified in favor of parole for Meagan Grunwald, the young woman who was an accomplice in her husband’s murder.
Wride’s killer lost his life in a shootout with police the same day as the ambush. But Grunwald, who was with the shooter, has been serving time for her role in the crime.
Before the parole hearing, Wride-Zeeman met Grunwald face to face on Monday for the first time since the tragedy.
“She was in the other room, hyperventilating and sobbing. And she was so afraid to come and meet me. And I can’t even tell you. The days and probably weeks of sleepless nights I had, being afraid to meet her, and what do I say, and how do I, how do I do this, and am I making a mistake, and like all these things that it felt in my heart, just this calm feeling like it was the right thing to do,” Wride-Zeeman said.
“She was so afraid that I was going to be angry with her, and those angry days have long passed,” she said.
When Grunwald entered the room, the emotion was overwhelming for both women.
“And she came walking in, she had her hands over her face, and she was still sobbing and she was shaking. And I just saw this little girl that was just terrified,” Wride-Zeeman said.
“And she’s sitting across from me, and she, her hands or her face are in her hands, and she’s just sobbing, and she keeps repeating, I’m so afraid, I’m so afraid. I’m so sorry, I’m so sorry, I’m so afraid, just back and forth. And when she got done, I said, Megan, you don’t have anything to be afraid of. I said, Look at me, and she looks up at me, and I see her blue eyes and all the tears,” she said.
What happened next was a moment of healing that lasted three hours.
“So I walked over to her, and I went like this to her, and she stood up, and we embraced for the first time, and she just sobbed and sobbed. And I just held her and I said, do not be afraid of me. We’re here to heal. And it opened up 3 hours of healing,” Wride-Zeeman said.
The widow says she has completely forgiven Grunwald and wants to be part of her life when she’s released.
“I said, you can’t live with me, but I want to be a part of your life when you get out, and I want us to stay in touch. I am your biggest cheerleader, and I want to see you find your happy like I did, because I never thought I’d be happy, and here I am happier than I’ve ever been in my life, and I want her to find that. And we talked about what her dreams are, what her passions are, how she wants to give back to the community, to people, across the board, including veterans and first responders,” Wride-Zeeman said.
Wride-Zeeman says 100 percent she has forgiven Grunwald and wants nothing but the brightest of futures for her.
Utah
Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie
SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.
On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.
Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”
“And she never was,” Bacalksi said of her client.
Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.
A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.
“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.
Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.
“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”
The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”
“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.
Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.
“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”
Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.
“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.
The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.
“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.
Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.
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