Liquor clubs try to topple billboard ad ban

By The Associated Press

10.28.02

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SALT LAKE CITY — Utah's liquor-club owners are suing to overturn a state rule that prohibits them from advertising on billboards.

The rule violates the First Amendment right to free expression, contends the Utah Licensed Beverage Association, which won a court victory overturning the state’s ban on wine and liquor advertisements. The association filed suit Oct. 25 against the Utah Alcoholic Beverage Control Commission over the billboard ban.

Brian Barnard, a civil rights lawyer representing the club owners, says state rules that allow newspaper advertising prevent the same ad from going up on a billboard, even though billboards can advertise specific alcoholic drinks.

"Utah's laws with regard to private clubs and advertising and liquor are irrational," he said.

The industry suit takes issue with "vague and unclear" rules that ban liquor clubs from using advertising that is "calculated to increase membership." In Utah, only private clubs and some restaurants can serve hard liquor, and club members have to sign up and pay dues before imbibing.

Clubs can advertise that they are for members only, giving an address, hours of operation, telephone numbers and nothing more. They cannot advertise happy-hour bargains or other specials.

Violators are subject to criminal sanctions.

There was no immediate reaction from the state alcoholic beverage commission.

The Utah Licensed Beverage Association won a battle against state advertising laws last summer, when a federal appeals court overturned an advertising ban for any drinks stronger than 3.2% beer.

"This is a sequel to our previous liquor-advertising case, except this deals with advertising by private clubs," Barnard said. "It will be fun to see if the liquor commission takes this more seriously than the last one."

The ruling by the 10th U.S. Circuit Court of Appeals forced Utah to reverse the ban on advertising hard liquor. It also let Utah restaurants list drinks, wine and beer on their menus and to openly display wine bottles inside.

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