Utah awaits appeals court ruling on liquor advertising ban
By The Associated Press
12.29.00
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SALT LAKE CITY — A ruling expected from the 10th U.S. Circuit Court
of Appeals could upend or uphold Utah's liquor advertising ban.
The existing state law forbids ads that promote any wine, liquor or
beer that has more than 3.2% alcohol. Attorney Brian Barnard of the Utah Legal
Clinic has sued to have that law struck down, claiming it violates First
Amendment free-speech protections.
Barnard said he was "fairly optimistic" the appeals court, which
heard oral arguments last month, would find the advertising ban
unconstitutional and unenforceable.
Salt Lake City Mayor Rocky Anderson has said Utah should make its
liquor laws friendlier for the 2002 Winter Olympics, but he supports the
advertising ban.
The mayor said the point of changing liquor laws is to make buying
alcohol more convenient. The point of advertising, on the other hand, is to
increase consumption, he noted.
"I think it's entirely appropriate for the state to restrict the
promotion of alcohol," Anderson said.
Barnard insists, however, that there is no correlation between
advertising and increased consumption. As proof, he points to beer consumption
since 1996, when he sued Gov. Mike Leavitt and the liquor commission on behalf
of the magazine Catalyst.
The magazine had wanted to publish a dining guide listing the beers,
wines and cocktails available at local establishments. Two months after the
lawsuit, the Alcoholic Beverage Commission relaxed its rules on beer ads,
allowing billboards, window signs and table tents to tout particular brands of
beer.
Since then, Barnard said, he has monitored beer consumption and it has
not increased.
State attorney Thom Roberts argued that Utah's law complies with the
21st Amendment, which ended Prohibition in 1933 and gives the states the right
to regulate liquor.
However, Barnard noted that the U.S. Supreme Court had already
balanced the 21st Amendment against the First Amendment, and ruled in favor of
free-speech protection. In
May 1996, the
high court ruled that Rhode Island could not keep a liquor store from
advertising the prices of alcohol.
Two months after that ruling, Barnard asked U.S. District Judge David
Sam to issue an injunction what would have allowed Catalyst to publish its restaurant guide.
Sam took 3 1/2 years before denying the request. Barnard then appealed
to the 10th Circuit court, which granted an expedited hearing.
"They were concerned that Judge Sam had taken so long," Barnard
said.
Barnard expects a ruling "very soon" and hopes it comes before the
state Legislature convenes next month because if the court finds Utah's
liquor law unconstitutional, lawmakers would have to rewrite the statute.
Update
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
Related
Utah newspaper runs liquor ads in defiance of state law
Meanwhile, Brown-Forman spokesman says company will pull ads from The Salt Lake Tribune if liquor commission keeps up its protest.
05.02.00
