Salt Lake City v. Roberts

DURRANT, Justice.

INTRODUCTION

1 On writ of certiorari, plaintiff Salt Lake City seeks review of Salt Lake City v. Roberts, 2000 UT App. 201, 7 P.3d 789, in which a divided Utah Court of Appeals construed a Salt Lake City ordinance criminalizing sexual conduct in a "place open to public view" as requiring the sexual conduct occur in a place where it "is likely to be observed by a member of the public." The court of appeals adopted this definition from the case law of other jurisdictions. Because the Salt Lake City Code provides a definition establishing the meaning of a "place open to public…