Movie theater alcohol bill clears Senate State Affairs

The Senate State Affairs Committee has passed HB 544 , repealing the law that got Idaho sued over its attempt to threaten the liquor license of Meridian theater that served two undercover ISP officers in the theater’s VIP section alcoholic drinks during a showing of the film “Fifty Shades of Grey;” the House-passed bill now moves to the full Senate.

The bill repeals 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 says licensed premises can’t show films or pictures that violate state or federal obscenity laws.

Sen. Chuck Winder, R-Boise, spoke in favor of the bill. “This business operation is in my district, and I’ve been involved for quite some time with the issue,” he said. “My wife and I attend movies there, and while we don’t sit in the alcohol section, if you walked into the theater on the lower level, you wouldn’t even know the other section is there. I think while some obviously don’t support alcohol in public places, I think this particular owner does a great job of managing it.” He said it’s not like attending a baseball game, where you might be seated next to someone “throwing beer around and screaming and yelling.”

Rep. Joe Palmer, R-Meridian, sponsor of the bill, said he believes Idaho’s current law is unconstitutional, and the state is likely to lose the “Fifty Shades of Grey” lawsuit on First Amendment grounds. The lawsuit cited 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.” Sen. Bart Davis, R-Idaho Falls, said there were two options: This bill, or banning alcohol at movie theaters in Idaho entirely. “Idaho has to do something,” he said.

The bill then passed on a divided voice vote, moving it to the full Senate. It earlier passed the House on a unanimous, 68-0 vote.