Press groups claim liquor commission violated open meetings law
By The Associated Press,
freedomforum.org staff
10.19.01
Printer-friendly page
SALT LAKE CITY — A lawsuit was filed yesterday against Utah's liquor commission over a series of possible violations of Utah's Open and Public Meetings Act.
The two most recent alleged violations occurred Oct. 15 as Utah's five-member Alcoholic Beverage Control Commission attempted to rewrite their advertising rules to comply with a federal appeals court ruling that found the rules irrational and stifling to First Amendment free- speech protections.
In a lawsuit filed in 3rd District Court, the Society of Professional Journalists, Salt Lake City Weekly publisher John Saltas and The Salt Lake Tribune are seeking to void the action taken during those two Oct. 15 meetings.
The plaintiffs also are asking a judge to issue an injunction prohibiting the liquor commission from future violations of the state's sunshine laws.
Those laws make "clear that state agencies like the Commission are to conduct the people's business openly, with fair and adequate notice, so the people know what their representatives are doing," said Stephen Clark, legal director for Utah’s American Civil Liberties Union chapter.
The ACLU is representing SPJ and Saltas in the lawsuit.
In a coordinated effort, the ACLU delivered a letter yesterday to Utah Attorney General Mark Shurtleff requesting that he go over open meetings procedures with agencies throughout state government.
Seeking to head off the lawsuit, ABC Commission Chairman Nicholas Hales scheduled a public meeting for today to again adopt a proposed liquor advertising rule that the commission passed in private Oct. 15. The new rule, while permitting a wide range of advertising for hard liquor, wine and beer, makes it illegal to depict religious themes in ads targeting minors.
"It's like killing a gnat with a sledgehammer," Hales said of the lawsuit. "When a problem has been brought to our attention we recognize the problem and fix it. As soon as it was pointed out to us we made appropriate changes."
The Associated Press reported Oct. 16 that the Wasatch Brew Pub in Park City had contacted the ACLU about the ban on religious-themed ads.
The pub considers the new rule an attack on one of its old advertising campaigns, said Greg Schrif, managing partner of the Utah Brewers Cooperative. About six months ago, the brewer ran a series of billboard ads proclaiming the beer "Utah's Other Local religion." It also included the phrase, "Baptize your taste buds."
The ban raises questions about First Amendment rights as well as the separation of church and state, Schrif said. He has no idea how the rule might be interpreted or if it would affect the names of beers, which include Wasatch's Polygamy Porter.
About 70% of Utah residents are members of the Church of Jesus Christ of Latter-day Saints, a faith that shuns alcohol. Four of the five alcohol commission members belong to the faith.
Related
Utah's liquor ad ban to be put on ice
Federal appeals court orders judge to halt enforcement of ban, finds state’s restrictions infringe on commercial speech.
07.25.01
Liquor clubs try to topple billboard ad ban
Utah Licensed Beverage Association lawyer says state rules that allow newspaper advertising prevent same ad from going up on billboard.
10.28.02
