There was little discussion and the vote was unanimous today as the House State Affairs Committee backed legislation from Rep. Joe Palmer, R-Meridian, to repeal a state law that bans depictions of specific simulated sex acts in films or photos at premises with state liquor licenses, replacing it with a law that just says licensed premises can’t show films or pictures that violate state or federal obscenity laws.

“There’s a pretty real concern that this is an unconstitutional law,” Palmer told the committee. “It’s one of those things that we need to do.”

ISP Capt. Russ Wheatley, who oversees the state police’s Alcohol Beverage Control operation, told the lawmakers, “This bill that’s before the committee … was drafted by one of our deputy Attorney Generals at ISP. It references a situation that we at ABC have been dealing with with the Village Cinemas, and a particular film, ‘50 Shades of Grey,’ that was shown at their establishment. The language in this bill has been reviewed by law enforcement, by the Attorney General’s office and by industry.”

Village Cinema in Meridian sued the Idaho State Police after it threatened the theater’s liquor license for serving alcohol while showing the movie; two undercover ISP detectives went to the movie, bought VIP tickets and ordered drinks, leading to the license threat. The theater’s lawsuit charges that the move violated the First Amendment’s free speech protections. It cites a 9th U.S. Circuit Court of Appeals decision that said it has been “clearly established that liquor regulations could not be used to impose restrictions on speech that would otherwise be prohibited under the First Amendment.”

Rep. Linden Bateman, R-Idaho Falls, moved to send the bill, HB 544, to the full House with a recommendation that it “do pass,” and with no questions or discussion, the motion passed unanimously.