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

Richard Mann Drops New Evil Angel Scene With Ravyn Alexa

Ravyn Alexa stars in an Evil Angel scene alongside director/performer Richard Mann.

Rocco Siffredi Drops New Evil Angel Scene With Amber Kawaii

Amber Kawaii stars with Little Maly in a new Rocco Siffredi-helmed Evil Angel scene.

Lilly Bell Leads Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars in the latest Girlsway release, titled “You Won’t Last a Day!”

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Octavia Red, Cherry Kiss & Seth Gamble Star in 'Devil in Her' From Elegant Angel

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Cherry Kiss and Seth Gamble in Elegant Angel’s crime thriller "Devil in Her."

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Scott Nails on Building a Lasting Career With Blue-Collar Grit

When you hear the name Scott Nails, certain images probably come to mind. On this sweltering summer afternoon, however, the only nailing in sight is happening beneath the swing of a hammer.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Show More