Meridian Movie Theater Fights Idaho Obscenity Law

A Meridian movie theater is suing the Idaho State Police in Federal Court because they are trying to remove the theater's liquor license for showing the R rated movie "50 Shades of Grey. " The case claims that the law on obscenity in films is unconstitutional. The 1999 law in question is Idaho law 23-614 that prohibits movie theaters with liquor licenses from showing movies with acts or simulated acts of sexual intercourse. No matter if the movie is rated R or PG-13. The violation is a misdemeanor that results in a $300 fine per occurrence and/or up to six months in jail and a suspension or revocation of the liquor license.

The Meridian Cinema's theater obtained a license in 2013, and undercover detectives have monitored it periodically for obscenity. The theatre says that the law obstructs freedom of speech; therefore, making it unconstitutional. They also cite the Ninth Circuit ruling in LSO ltd. v. Stroh, which established that liquor regulations could not be used to impose restrictions on speech that would be prohibited under the First Amendment.

Meridian Cinemas is seeking a declaratory judgment, which is an injunction to protect it from fines and revocation of its liquor license, and they want the police to terminate the administrative proceeding.

Comments from Allen:  A long time ago, many cities brought actions actions against theaters for this exact reason.  However, the Supreme Court has struck down these actions as being violative of the theaters' First Amendment right to Freedom of Speech.

Aware of the broad First Amendment protections given theaters, the Idaho House State Affairs Committee yesterday unanimously voted to submit a bill repealing the state's prohibition of showing simulated sex acts in theaters that serve liquor, and replacing it with a law that merely prohibits showing films that violate state or federal obscenity laws in places that have state liquor licenses: http://www.spokesman.com/blogs/boise/2016/mar/08/bill-repeal-idahos-unconstitutional-movie-theater-obscenity-law-unanimously-clears-house-panel/

The bill was drafted by Idaho's Attorney General's office, which was aware the existing Idaho law was probably unconstitutional.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.courthousenews.com/2016/01/22/movie-theater-fights-idaho-obscenity-law.htm

http://www.ktvb.com/story/news/local/2016/01/21/meridian-theater-suing-isp-for-threatening-to-pull-liquor-license/79097994/

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