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 © 2025 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

Cherry Kiss Talks Perfectionism, Pressure and Loving the Grind

Cherry Kiss was en route to Exxxotica New Jersey when she learned she had received her green card. Fittingly, she had just landed at an airport in New York — home to Ellis Island and the Statue of Liberty. After successfully navigating the naturalization process, which she describes as “hard work,” she felt grateful for the friends who helped her with all the paperwork, and has since been trying to pay it forward by helping other friends with their U.S. visa applications.

Elizabeth Skylar Stars in Christmas-Themed Elegant Angel Release

Elizabeth Skylar stars with Parker Ambrose in a scene from Elegant Angel titled “A Hotwife for Christmas.”

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

PASS Names 3 New Board Members

Performer Availability Screening Services (PASS) has named RubyLynne, Beth McKenna, and Kira Noir as new members of its board of directors.

Avery Lust, Ariel Demure Headlines 'TS Chronicles 2' From TransSensual

Avery Lust and reigning XMAs Trans Performer of the Year Ariel Demure topline “TS Chronicles 2” from Mile High Media studio imprint TransSensual.

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Show More