Judge slams Utah over law regulating nudity, alcohol & free speech in Brewvies case

Judge slams Utah over law regulating nudity, alcohol & free speech in Brewvies case

Censorious religious nut jobs in Utah get their asses handed to them in federal court

A federal judge has awarded the movie theater/bar Brewvies more than $478,000 after Utah officials fined a theater and threatened to rescind its liquor license under a law that bans serving alcohol during movies with simulated sex or full-frontal nudity.

The federal court ruling also slammed the Utah State Legislature for passing an unconstitutional law.

In an order handed down on Wednesday, U.S. District Judge David Nuffer ordered the state to pay the theater’s legal fees. The judge criticized the state while addressing complaints the litigation had an “unfortunate effect” on taxpayers, who would have to pay for the loss.

Nuffer earlier issued a ruling in favor of Brewvies on First Amendment grounds.

“While the effect of attorneys’ fee awards on the public treasury is something that the State may properly consider in enacting, enforcing, and defending legislation, that effect has nothing to do with the reasonableness of Brewvies’ attorneys’ fees. The political judgment of the State that it will enact a statute contrary to existing law and risk payment of legal fees is a legitimate choice, but it has consequences,” Judge Nuffer wrote, adding:

Censorship can be expensive

“As long as the legislature passes laws which the attorney general is obligated to defend, the financial risks to the State and taxpayers will continue. Legislative enactment of constitutional legislation – and abandonment or non-enforcement of unconstitutional legislation – is a better way to avoid this type of fee award.”

A poster of Deadpool lounging on a copy of the U.S. Constitution is on display inside Brewvies in downtown Salt Lake City. (Photo by Ben Winslow, FOX 13 News)

The ruling effectively ends a lawsuit that centered around the Salt Lake City movie theater, which faced revocation of its liquor license last year for showing the movie “Deadpool.”

Ryan Reynolds in Marvel’s ‘Deadpool’

 

Utah liquor laws forbade licensees from showing anything with full nudity or sexually explicit conduct. Brewvies had previously faced trouble for showing “The Hangover Part II,” “Ted 2” and “Magic Mike XXL.”

Brewvies sued Utah’s Department of Alcoholic Beverage Control, arguing the law violated its First Amendment free speech and expression rights. Judge Nuffer ruled in favor with Brewvies and struck down the law.

Attorney Rocky Anderson praises the recent ruling by a judge against the state’s Department of Alcoholic Beverage Control, while Norman Chesler, a member of Brewvies’ management team and board, listens. DABC regulators threatened to fine Brewvies up to $25,000 and take away its liquor license in 2016.

 

The law impacted other venues. The Eccles Theater in downtown Salt Lake City was prohibited from allowing patrons to take beer into the theater during the “Book of Mormon” because there was simulated genitalia in the show.

Earlier this year, the Utah State Legislature passed a law modifying the statute to reflect the ruling and include a definition of “artistic expression.” It would allow Brewvies and similar theaters to show films like “Deadpool.”  The law does not apply to strip clubs.

As Xbiz noted, Utah lawmakers “have crafted numerous pieces of legislation to curb civil liberties, some of which have affected stakeholders in the adult entertainment industry.”

Utah’s Legislature has been particularly concerned with the dissemination of adult content online. In recent years, the state’s leadership has created a much-lampooned “porn czar” and passed laws identifying porn as a legitimate “health crisis.”

Just last year, the state’s governor signed into law legislation allowing parents to sue distributors of porn for the psychological harms caused by viewing sexual content.

h/t: Fox13 Salt lake City

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