Utah Ordered to Pay $475K in Legal Fees From 1st Amendment Case

Utah Ordered to Pay $475K in Legal Fees From 1st Amendment Case

SALT LAKE CITY — A federal judge has ordered the state of Utah to pay more than $475,000 in legal fees after state 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 movie title at the center of the case was the mainstream superhero film “Deadpool,” which has an R rating because the movie has some light sex scenes.

The Brewvies theater was hit with a $25,000 fine and almost had its liquor license temporarily suspended, which would have been a big blow because its name spells out what you can do there — drink while you view movies.

On Wednesday, U.S. District Judge David Nuffer ordered the state to pay the theater's legal fees.

Nuffer earlier issued a ruling in favor of Brewvies on First Amendment grounds. Brewvies attorneys had argued that the law hampered the theater's free-speech rights.

In his order over legal fees, Nuffer warned the Legislature and the Utah Attorney General’s office that passing and defending an unconstitutional law can be “expensive.”

“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,” Nuffer wrote. “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 nonenforcement of unconstitutional legislation — is a better way to avoid this type of fee award."

Utah has long sought to play a central role in guiding moral compasses.

State legislators 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.

 

 

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Metart Marks Its 25th Anniversary

Metart is celebrating its 25th year as an adult studio.

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Connie Perignon Performs Her 1st Girl/Girl Scene for LesbianX

Connie Perignon has performed in her first girl/girl scene alongside Nicole Doshi, in the latest release from LesbianX, titled "Tasty Holes."

Vanessa Jhons Makes Her TransAngels Debut in 'Poolside Seduction'

Vanessa Jhons and Justin Jett make their TransAngels debuts in “Poolside Seduction.”

Naudi Nala Stars in Latest From TeamSkeet

Naudi Nala stars with Nikki Slick, Nina White and Satine Summers in the latest release from TeamSkeet.

Abby Rose Stars in Latest From Brazzers

Abby Rose stars with Zane Walker in the latest release from Brazzers.

Leilani Li, Haley Reed Star in Latest From Transfixed

Leilani Li and Haley Reed star in the latest release from Transfixed, titled "What Good Roommates Do."

Willow Ryder, Anna Claire Clouds & Baby Gemini Star in Latest From Ricky's Room

Ricky’s Room has released “Party In Willow’s Room” a new orgy scene starring Willow Ryder, Anna Claire Clouds, Baby Gemini, Derek Savage, studio honcho Ricky Johnson and the late Jay Hefner.

Show More