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Show 2B The Salt Lake Tribune, Friday, February Suit on St. George Temple Lights Stands 21, 1986 Golf Passes to Salt Lake Courses May Be Denied Non-Reside- nts passes should be increased from Salt Lake City golf passes may be eliminated for players living outside city boundaries, and rates for players who do qualify are headed for increases. Those conclusions were reached by the city council Thursday in preparation for a March 18 public hearing that will consider changing fees for play on city courses. Although only discussion now, the council unanimously agreed that city residents should not subsidize county golfers by selling them season passes. There was also marginal agreement that all passes except those for residents age 65 and older should be eliminated. Councilman Earl Hardwick advised immediate curtailment, Councilman Grant Mabey suggested the change be phased in. The council agreed that senior citizen passes should be raised from $112.50 to $175 and that regular Ruling more facts are needed in the case, a federal judge Wednesday refused to dismiss a lawsuit filed by a St. George attorney challenging the citys practice of lighting the Mormon temple after 10 p m "My notion is that we best deny this motion," U.S. District Judge J. Thomas Greene said. "I dont think we are really ready to hear it $200 to $300. If those opinions hold through the public hearing, withholding passes residents would elimifrom non-citnate about 550 passes, with all but 100 of those belonging to older residents. y St. George attorney T W. Shumway moved to dismiss the case, arguing Charging a premium for the citys two best courses also received verbal endorsement. Green fees on most city courses are scheduled to go to $5 for nine holes and $9 for 18 holes. At Mountain Dell and Bonneville, however, the council is considering rates of $5 and $10 to spread play from the popular courses. the necessary facts are before the court. "There is no real fact issue . . the city acknowledges and admits that it gives an allocation to the church for lighting after 10 p m., he . said. But Brian M. Barnard, represent- ing St. George attorney Phillip L. Foremaster, said there are several issues that must still be explored. Because the issue will not come up until March 18, the Parks Department has been unsure what to do about golfers wanting season passes. The council agreed to let all season pass holders play on their expired passes until new rates are approved. 3 Last summer Mr. Foremaster threatened to file suit challenging the practice of providcitys ing a 2 3 percent subsidy on the churchs power bill. A public hearing was held and the City Council and the practice In mayor October the mayor and council an- nounced their decision to continue providing the free nighttime lighting A week later Mr. Foremaster made good his threat and filed suit. The suit claims the citys actions violate the Establishment Clause of the Constitution. It also claims an image of the temple is unconstitutionally used on the citys logo. Mr. Foremaster is asking for an injunction prohibiting St. George from providing any more power to light the temple and from using the temple on its logos and seals. He also wants an accounting of public funds used to light the outside of the temple. Mr. Shumway said the logo is being phased out. New city vehicles have new logos without the temple, and the logo has been removed from a flag in a city building. The temple lighting has a secular purpose, he argued. It is an attractive, historic building that drivers can see from the highway. City officials wanted to keep it lighted all night, "but the LDS Church has a policy of turning all the lights off at 10," he said. "I had a discussion with the church to see if they would take over the lighting and we could get out of all this, but they declined to do so. Besides, Mr. Shumway said the amount spent on lighting the outside of the temple is almost negligible. The mopthly power credit amounts to about $175 a month, he said. But Mr. Barnard said the amount of the subsidy is significant when one considers it has been offered to the temple for more than 40 years. And anyway, he said, you cant violate a little bit of a constitutional right. He said the temple lighting issue, like other Establishment cases, must test: whether undergo a three-pron- g purthe policy has a pose, whether it has a secular effect and whether it involves excessive government entanglement with J FBIMAL lull. II. 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