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Posted 05 Aug 2001   For week ended August 03, 2001
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Sent on Mormon-News: 02Aug01

By Rosemary Pollock

Liquor Advertising in Utah 'Self-Censoring' Despite Court Ruling

SALT LAKE CITY, UTAH -- In an effort to subjugate the First Amendment, advertisers and bar owners have developed their own system of self-censorship to get around Utah's Alcoholic Beverage Control Commission. Utah Gov. Mike Leavitt is a Mormon who has stocked the Commission with four other Mormons and one social drinker. In a recent reversal by 3rd District Judge Leslie Lewis, a four year old decision was overturned that found The Paper Moon, a private club that caters to the gay and lesbian community in Utah, not-guilty of an illegal solicitation of membership and an inducement to overconsume in violation of Utah Code.

Despite that fact that no alcohol was mentioned in the ad of "party til you drop" and "admire her bust", Utah's liquor commission fined Paper Moon $2,700 and ordered a three-day suspension of alcohol sales. "ABC has so much power they don't have to be rational, they don't have to be fair," said plaintiff attorney Brian Barnard. "They go off the deep end. Licensees are absolutely terrified and won't buck them."

Todd Dayley, publisher of The Pillar, which ran the offending Paper Moon advertisement, now faxes questionable ads to ABC before printing. "They fax it back with a stamp and a signature," Dayley said.

In one instance, Dayley pulled an and that offended an ABC compliance officer because it showed a man pinching the nipple of another man. "We ran a picture of a Christmas tree instead," he explained. "It's like censorship, but we do it more to protect our clients because we don't want them to close down."

Meanwhile, as ABC is quibbling with corner taverns and dance clubs over their advertising, a flood of more provocative ads is pouring in from national newspapers and magazines. Entertainment Weekly and Time magazine drinking ads are now challenging Utah's law that does not allow an ad produced in Utah to show a "drinking scene." Highway billboards are also banned by ABC because the commission believes such advertising is "public solicitation...calculated to increase membership."

Greta Belanger deJong, editor and publisher of Catalyst, replaced an advertisement in their June issue that touted Native Wines of Mount Pleasant because an ABC employee said it may be illegal. "People are self-policing themselves like mad," she said. "But the laws are so fuzzy. If the ABC has to say to themselves that it may be illegal, it means even they can't figure it out."

Despite all the complaining, John Saltas, publisher of the 60,000 circulation Salt Lake City Weekly said, "Utah is not a major market for liquor sales. "It will have an impact. I'm sure there will be some liquor advertisements. But it's not going to be New Orleans," he said. Assistant Attorney General Thom Roberts, who is defending the state law, was still discussing the ruling with the Utah Department of Alcoholic Beverage Commission on Wednesday and did not have an immediate comment. Utah's alcohol commission will meet Friday and the ruling probably will be reviewed.

An immediate impact will likely show up in Utah newspapers and magazines. A year ago, the ABC threatened sanctions against Brown-Forman Corp. when the company placed an ad for Canadian Mist whisky in The Salt Lake Tribune. "Liquor is not an issue for us at all," said Tribune publisher Dominic Welch. "The First Amendment is an issue. It's the greatest issue for me."

Sources:

All-Powerful Panel Claims Alcohol as Its Fiefdom
Salt Lake Tribune 29Jul01 T4
By Greg Burton: Salt Lake Tribune

Critics react to ruling on liquor ad ban
Ogden UT Standard-Examiner (AP) 26Jul01 T4
Associated Press
Publisher doubts much will change

Court Slams Liquor-Ad Ban; Appellate judges say Utah's distinguishing between types of alcohol is 'irrational'
Salt Lake Tribune 25Jul01 T4
By Jacob Santini: Salt Lake Tribune

No Rush to Uncork Liquor Ads
Salt Lake Tribune 26Jul01 T4
By Greg Burton: Salt Lake Tribune

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