Censorship by Idaho Alcohol Beverage Control Police Has Moviegoers Seeing Fifty Shades Of Red

fifty-shades-posterBy Darren Smith, Weekend Contributor

Idaho Liquor Licensees who show movies have been served with notice demanding that they not show the blockbuster Hollywood hit “Fifty Shades of Grey” while serving alcoholic beverages. The agency claims that doing so violates Idaho law prohibiting the display of sexually explicit movies while serving alcohol.

Many are wondering why the ABC singled out Fifty Shades of Grey and not various other R-Rated movies having sexual situations that dominate the movie industry.

We previously wrote of past prudishness by the Idaho ABC. In 2012 we covered how the ABC prohibited Utah based Ogden’s Own Distillery from selling their Five Wives Vodka in the state–alleging that it was “Offensive to Mormons” (Click HERE, HERE, and HERE. for further reading.) Note for full disclosure, in reaction to this censorship your author assisted Ogden’s Own move into Washington State and sold their products)

In an interview with the Idaho Statesman, Michele Williams stated:

I was not drinking or wanting to drink. I just found it odd that this movie was singled out. I just thought, ‘what year am I living in here? Women can’t control themselves when they drink during this movie’ I don’t know what the message was.

Last month the State Police’s Alcohol Beverage Control agency contacted the Village Cinema and informed them that if the theater shows Fifty Shades of Grey, they would be breaking state law if they also served alcohol.

Theresa Baker, the ABC’s spokeswoman said they began their investigation when they received a complaint of the showing of Fifty Shades by Village Cinema. Other theaters reportedly were then given notice to censor this movie if they intend to serve alcohol. One complaint and the entire state is affected. So much for discretion in the eyes of enforcement bureaucrats.

Here is the statute cited by the ABC:

TITLE 23
ALCOHOLIC BEVERAGES

CHAPTER 6
PENAL PROVISIONS

23-614. Prohibited acts — Misdemeanors — Penalties. (1) No person, partnership, association or corporation shall conduct, permit, or encourage any of the following acts or activities in or upon premises licensed pursuant to title 23, Idaho Code:
(a) Employment or use of any person, including allowing any person on the premises, while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

(b) Employment or use of any person who touches, caresses or fondles the breast, buttocks, anus or genitals of any other person, or who is so touched, caressed or fondled by another person.

(c) Employment or use of any person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

(d) Employment or use of any person to perform acts of or acts which simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(e) The showing of films, still pictures, electronic reproductions, or other visual reproductions depicting:

(i) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(ii) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.

(iii) Scenes wherein a person displays the vulva or the anus or the genitals.

(iv) Scenes wherein artificial devices or inanimate objects are employed to portray any of the prohibited activities described in this section.

(2) A violation of any of the provisions of this section by any agent, employee, or other person in any way acting on behalf of a licensee shall constitute a misdemeanor, and upon conviction such person shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction is entered shall certify a copy thereof to the director, and the director shall thereupon commence administrative proceedings. The director shall review the circumstances and may take action he considers appropriate against the licensee including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine or may revoke the license.

(3) In addition to misdemeanor violations or other criminal proceedings instituted under this section, upon sufficient proof to the director, the director shall take administrative action as provided in subsection (2) of this section against any licensee in the event any person is found to have committed any of the above proscribed acts. The proceedings shall be in accordance with provisions of the administrative procedure act.

One has to question why all PG-13 and above rated movies are not in violation of this statute or at least it is certainly odd that a seventeen-year-old may go into a theater and watch Fifty Shades of Grey but a senior citizen may not when shown this in a movie bar.

It probably goes that the state legislature wanted to curtail nude dancing and peep shows of XXX rated type of displays in furtherance of selling alcoholic beverages. British Columbia on Idaho’s northern border allows this and does not however seem to have descended into debauchery as a result. Nevertheless while the state can argue its ability to regulate explicit displays for commercial purposes. (as overseen by the courts) But, it could prove a difficult case to win in the case of Fifty Shades since this movie is ubiquitous in open society in general.

By Darren Smith

Sources:

Idaho Statesman

Idaho Statues 23-614

The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.

139 thoughts on “Censorship by Idaho Alcohol Beverage Control Police Has Moviegoers Seeing Fifty Shades Of Red”

      1. She had a very glamorous life but a bad ending, misogyny killed her, so it’s been said.

  1. @JPC

    “My daughter spent three days at the Idaho State women’s prison, cell mate with a murderer and with a bail set at $30,000 for possessing one marijuana joint.”

    That’s ridiculously awful. Idahoans sounds like people who would like to make attempted suicide a capital offense.

    How did the finally state adjudicate her horrific crime?

  2. @Inga (Annie)

    “Gird your loins men, there be a wench hereabouts who knows a few things about folding Johnsons. She’ll be Happy to put you in the mangle if you get a tad too prurient.”

    Arrrghhh, Matey, end of olde discussion then. I’ve no desire to get me Moby folded, let alone mangled.

    Very rad bling, by the way. Actually gnarly. Christmas present?

  3. My daughter spent three days at the Idaho State women’s prison, cell mate with a murderer and with a bail set at $30,000 for possessing one marijuana joint.

  4. Gird your loins men, there be a wench hereabouts who knows a few things about folding Johnsons. She’ll be Happy to put you in the mangle if you get a tad too prurient.

  5. Mark Kernes, I’ve always meant to ask you, have you ever watched the flick, Wonderland? It had some good performances and Lisa Kudrow showed some real chops playing John Holmes wife. It was like the darker version of Boogie Nights.

    1. Nick: Pretty sure I’ve seen Wonderland some time ago, Also seem to recall thinking that from what I knew of those events, it wasn’t very accurate. Maybe I’ll re-rent it from Netflix and see whether my memory is skewed.

  6. Trooper, You would think Kenny would know the title of his most famous song! He needs a new alias. If someone takes on that nom de plume and doesn’t know the song, well..let me be JT diplomatic. Maybe they need a new alias. That was prudent and civil.

    But, I do need to fold my penis 3 times to get into a wetsuit. Just sayn’. Mark Kernes will understand that.

    1. @Nick Spinelli
      “You would think Kenny would know the title of his most famous song!”

      I do, Nick, I just didn’t know it had anything to do with folding Johnsons.

      Live and loin, I always say, live and loin.

  7. Ha! I told you that you weren’t a bit prurient Ken. Folding a penis? Ew, that sounds like it might cause some damage.

    1. @Inga (Annie)

      “Ha! I told you that you weren’t a bit prurient Ken. Folding a penis? Ew, that sounds like it might cause some damage.”

      Thanks, Inga. I appreciate that, but I kind of feel like I’ve let down happypappies. I think she really wanted me to be the reincarnation of the Marquis DeSade’s step-brother.

      Oh, well, maybe if I hang out here long enough, my consciousness will evolve in the desired direction.

  8. @Tom Nash
    “Idaho has never had the best reputation. And it may be unfair to tarnish an entire state by associating the Aryan Brotherhood, etc. with that state.
    It may be only a very small majority of Idahoans who actually hold these views.”

    Be that as it may, what about your assessment of the market for truffle-flavored donuts, at least in Idaho?

    1. @trooperyork

      “If you have to explain a joke it is just not worth it.”

      Well, I’m sorry. I guess my imagination just isn’t prurient enough.

      Maybe I’ve got some some Idahoan ancestry I’m not aware of.

  9. @trooperyork and happypappies

    “Actually that line is in the movie and it refers to the guy’s penis.
    “It is an S&M movie after all.”

    “Trooperyork I have mentioned more than once that Ken Rogers has a Prurient imagination”

    I’m sorry, but my prurient imagination is failing me here:
    1) What did I write that inspired your observation that “you have to know when to fold them”;
    2) What movie are you talking about?;
    3) What guy’s penis?;
    4) How does the plural “them” refer to “a” penis?;
    5) What’s “folding” got to do with a penis?; and
    6) What’s S&M got to do with it?

    I want to help you both with your fantasies, but I need more information in order to do so.

  10. Idaho has never had the best reputation. And it may be unfair to tarnish an entire state by associating the Aryan Brotherhood, etc. with that state.
    It may be only a very small majority of Idahoans who actually hold these views

  11. mark, I thought this post might attract you. Hope all is well in the adult entertainment journalism biz. I watched Wolf of Wall St. last night on Netflix. That was pretty R plus! I think Jordan kinda liked Quaaludes and sex.

    1. Hey, Nick—Of Course! haven’t seen Wolf of Wall St., but I have seen plenty of movies that apparently can’t play in any Idaho venue with a liquor license. And those folks call themselves libertarians!!!!!

  12. Dang! Can’t help but wonder what they’d do if the theater decided to have a “high school” retrospective with such films as Fast Times at Ridgemont High, Hot Tub Time Machine, Animal House and about a dozen more I could name that show nudity (sometimes complete) and simulated sex—or Lars Von Trier’s recent releases, Nymphomaniac 1 & 2, which show nudity and HARDCORE sex?

  13. @Nick Spinelli

    “Trooper, He loves asterisks more than Ford Frick.”

    Asterisks are all that are available to me in lieu of italics to emphasize words in order to make my meaning more obvious to anyone who may be reluctantly cognizant, Nick.

  14. @Inga (Annie) and Peggy Lee

    *That’s* what I’m talking about. How can we expect our young people to fight evildoers around the world if they’re all preoccupied with making love instead of war?

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