Utah agrees not to enforce obscenity law during Brewvies lawsuit


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SALT LAKE CITY — Brewvies plans to show the movie this weekend that put it in the crosshairs of Utah liquor regulators for allegedly violating a state obscenity law.

But the state agreed in court Tuesday to not enforce the statute pending the outcome of a lawsuit the theater pub filed against the Utah Department of Alcoholic Beverage Control.

"It's better than business as usual," Brewvies' lawyer Rocky Anderson said after a brief federal court hearing. "There's not threat of enforcement now or in the future for anything that Brewvies does as long as it sticks to its regular business model, which includes the showing of R-rated movies."

DABC has threatened to fine or revoke Brewvies' liquor license for serving drinks while showing the popular R-rated movie "Deadpool," which features nudity and simulated sex scenes.

Investigators cited a Utah obscenity law that is generally used to regulate alcohol and nudity at strip clubs, which are required to have dancers wear G-strings and pasties if the club serves liquor. It only applies to businesses with liquor licenses, so most Utah movie theaters, which are alcohol free, are not cited under the law.

Brewvies sued the DABC, contending the law is unconstitutional and violates its free speech rights.

At midnight Friday, the theater plans to show "Deadpool" as part of a "First Amendment celebration." The R-rated "Keanu" and "The Huntsman: Winter's War," rated PG-13, are currently playing at Brewvies, which only allows customers 21 and older.

Anderson said he's no longer worried about DABC going after Brewvies during the litigation.

Attorneys for the state alcohol agency agreed to not take any administrative action against the theater or enforce the law provided it screens films with an R rating or less. DABC also would not come back against Brewvies.

"No matter what happens in the lawsuit, after the lawsuit they won't be able to come back and enforce against anything that Brewvies does so long as it follows its regular model," Anderson said.

A trial in the case doesn't appear likely after both the state and Brewvies agreed to file motions to allow U.S. District Judge David Nuffer to decide if the law is constitutional.

"It's the position of the attorney general's office that we defend any law that's challenged constitutionally," said Utah Federal Solicitor Parker Douglas. "It is the role of the federal court, if it's challenged in federal court, to make that decision."

Douglas said if the state didn't defend the law, the people's voice through the Legislature would be subject to one person, the attorney general, and his office is not a "super legislator nor will it ever be" in this administration.

Anderson is urging the Utah Legislature to change the law like lawmakers in Idaho did after the state tried to enforce a similar statute against a theater showing "Fifty Shades of Grey" while holding a liquor license.

State Sen. Jerry Stevenson, R-Layton, who carries much of the liquor legislation in Utah, said last week he doubted lawmakers would be interested in doing that.

Douglas said the attorney general's office has not advised the Legislature nor has any lawmaker approached it about the law.

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Dennis Romboy

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