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 © 2026 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

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

WIFEY Celebrates 1st Anniversary With Return of Tiffani Time

Vixen Media Group studio imprint WIFEY is marking its first anniversary with the return of Tiffani Time in a new scene alongside her husband Ben, Isiah Maxwell, and Hollywood Cash.

Cherry Candle, Scarlet Skies Headline Latest 'Lesbian Seductions'

Cherry Candle and Scarlet Skies topline the 82nd volume of “Lesbian Seductions” from Girlfriends Films.

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from Brazzers, titled "Alanna's Bitty Bikini Comes Right Off."

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Samantha Reigns Stars in St. Paddy's Day-Themed Release From TeamSkeet

Samantha Reigns stars with Donnie Rock in a new St. Patrick’s Day-themed scene from TeamSkeet series “Brat Tamer,” titled “St. Patrick's Day Nipple Pinching.”

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Show More