Utah Third District Court · No. 250908711
Jones Smith v. Stembridge
Denied UPEPA- Forum
- Utah Third District Court
- Case number
- No. 250908711
- Motion decided
- Mar 3, 2026
- Outcome
- Denied
- Conduct at issue
- Protest attendance, political posts, association with a group
- Underlying claims
- Civil stalking injunction, Utah Code 76-5-106.5
Docket · filings
Feb 10, 2026 CourtOrder requiring the parties to address both the injunction and the motion at the evidentiary hearing PDF
What the court held
- The court held UPEPA does not protect criminal conduct such as stalking, true threats of violence, or targeted harassment, reasoning the alleged conduct, if proven, would not be protected.
- A witness statement and video of a vehicle following the petitioner were sufficient for a prima facie case; conflicting evidence created a genuine issue of material fact rather than negating the showing.
- Fees denied. Stay lifted; the temporary injunction remained in force pending an evidentiary hearing.
Tension with precedent
Mackey v. Krause asks whether the claim is asserted against the movant for protected activity, not whether the conduct turns out to be protected. Deciding applicability by assuming the allegations true collapses step one into the merits.
Disclosure. Counsel of record in this matter works with the author. See About.