By 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 BEVERAGESCHAPTER 6
PENAL PROVISIONS23-614. 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:
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.
Sorry, I meant to say I DON’T agree with Senator Nuxoll. There are things to be learned from other religions. Studying other religions can even help strengthen one’s own Christianity. Like Paul says at 1155, its their way or the highway for these folks. The senator does have a right to not hear, but she doesn’t have a right to block it.
The Hindu prayer. I agree with Senator Nuxoll on this one.
TWO LEGISLATIVE BRANCHES.
What’s worse? Censorship at the movies or a JUDICIAL BRANCH THAT BELIEVES IT CAN LEGISLATE?
The SCOTUS MUST be impeached for the high crimes of nullification, usurpation, subversion and treason.
The mandate for SCOTUS is to assure that actions comport with law.
Defective legislation can be reconsidered by the one, true legislative branch.
America DOES NOT have TWO legislative branches.
The SCOTUS knows well that the words of the ACA say, “through an exchange established by the state.”
The SCOTUS knows well that the federal government cannot coerce action by states.
The SCOTUS should have struck down the ACA as objective adjudication long ago but continues its political and ideological efforts to legislate.
The American thesis is freedom and free enterprise.
Free Americans may make the decision to obtain or not to obtain healthcare insurance through employment or purchase in the free markets of the private sector.
Hear hear Lloyd Blankfien!
Oh, and this is a good example of intrusive government laws, and that not every regulation is a wonderful idea.
One of my relatives lives in ID. She almost never needs to buy meat in the grocery store because her husband hunts and fishes. They fill their freezer with elk, deer, and fish. It’s a great area for hunting, fishing, and, being what I call the Land of Winter, winter sports.
Paul – was the Hindu prayer prevented? Should the senator not have the right to walk out if she was offended? Should an atheist not have the right to walk out, as well, or a religious person not have the right to pray?
Your particular story appears to show someone openly praying, and someone in the audience not choosing to hear it. What’s the problem with that? Someone who wants the right to pray in public shouldn’t try to force everyone to hear it, and those who are atheists or religious shouldn’t force others to abstain from praying in public.
“We believe that true “libertarian” ideals set you free only if you shackle yourself to the “correct” beliefs.” You appear to ascribe to that belief, yourself. My impression is that you did not feel that the senator should have been able to walk out, or she should have kept her opinion to herself.
Saw Godzilla this weekend. Isn’t there some kind of law that makes it illegal to show giant monsters smashing financial districts of major cities?? What if the word gets out? Surely Gorgon, Hyrda, and Mothra will follow soon. I’ve had enough, I’m calling my congressman… and my pizza I picked up wasn’t very hot either, so I’ll let him hear about that too. We need more laws ASAP.
Funny stuff. Right wing screams that democrats are destroying free speech with PC, yet they want to ban books, ban sex ed, ban porn, ban booze, ban drugs, ban being gay, ban criticizing GWB because of Iraq (if you criticize you are not a patriot), ban speaking Spanish, ban unions, ban worker protests, ban teaching of evolution, ban NPR, ban Planned Parenthood, ban 50 Shades of Grey, etc. Seems it’s ok to do such banning under the guise of ‘Christian’ religions but if a religion is not Christian, then it’s a religious assault on American’s rights! Sharia! State’s rights limiting free speech is ok, but state’s rights limiting gun ownership is unconstitutional and treasonous! The hypocrisy is remarkable.
http://www.salon.com/2014/03/11/suddenly_the_gop_hates_the_constitution_why_they_dont_really_care_for_free_speech/
Republicans want professor fired for saying she hates GOP for being intolerant and polarizing | Michigan Radio http://michiganradio.org/post/republicans-want-professor-fired-saying-she-hates-gop-being-intolerant-and-polarizing
Or,
Sen. Lindsey Graham (R-S.C.), a military lawyer, is the first member of Congress to say the legislature needs to explore the possibility, however unlikely, of limiting some kinds of free speech—like Terry Jones’ Quran burning —that help America’s enemies.
“I wish we could find a way to hold people accountable. Free speech is a great idea, but we’re in a war,” he told CBS’s Bob Schieffer on “Face the Nation.”
And,
“Mark my word, if and when these preachers get control of the [Republican] party, and they’re sure trying to do so, it’s going to be a terrible damn problem. Frankly, these people frighten me. Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can’t and won’t compromise. I know, I’ve tried to deal with them.”
― Barry M. Goldwater
Idaho is heavily Mormon, so there are several state and local laws that reflect that. It appears that the law is being unequally applied. Perhaps the publicity will lead the public to repealing it.
Here’s an interesting tidbit about state liquor laws. WA state used to only have state-run liquor stores. Those closed in 2011, but to avoid losing money along with the liquor monopoly, the state passed on fees to business so that they still bring in the same amount of money. So, obviously, the price of liquor went up, and business boomed in nearby ID. Here is a rundown on what people pay the state of WA for liquor:
“Even before you paid your taxes, liquor distributors paid a 10 percent fee, which will fall to 5 percent in 2014. Retailers also pay a 17 percent fee on all liquor sales. The taxes customers notice because they’re added at the cash register are a 20.5 percent sales tax and a per-liter tax that equals $2.83 for the standard 750 milliliter bottle or $6.60 for 1.75 liters – the standard larger size.
In Idaho, the shelf price includes a 2 percent tax that’s aimed at fighting substance abuse. A 6 percent tax is added at the cash register.”
You know how it goes. Politicians will never let go of their greed for taxpayer money. Even when they lost the monopoly, they wouldn’t let go of the revenue.
http://www.spokesman.com/stories/2012/dec/23/spirited-price-war/
I am a resident of Idaho and you all just don’t get it…
This just happened this past week when a hindu prayer was read at the start of the state legislature for the day… “Idaho Sen. Sheryl Nuxoll said this week that Hinduism “is a false faith with false gods.” So she walked out of the prayer.
See, Idaho is a strong “libertarian” state. We believe everyone should have the liberty to do as they please as long as they do it my way. And my way is the “christian” way or the highway. We believe that true “libertarian” ideals set you free only if you shackle yourself to the “correct” beliefs.
Sick, you bet. When I point this out to my fellow citizens I am mocked because I don’t get it.
Sad.
@Tom
I’m an Idaho native, NORTH Idaho. You are absolutely correct. Idaho is no place for sane intelligent folks like you. You should stay far away and never visit here.
Apparently, Montana is a destination after all for ‘finding love and 50 shades of green’ in Frommer’s new guide book for couples looking to strengthen a romance. Montana is noted in the guide for Glacier National Park, Whitefish, and ‘glamping’ (glamorous camping) at certain yuppy locations. If you go, you will understand why they call it the “Big Sky” state.
http://www.greatfallstribune.com/story/life/my-montana/2015/02/07/guidebook-find-love-shades-green-montana/22938109/
OK, Shelly. You are probably safe walking in Idaho unless you slip up and mention that you’re from the “wrong” state. And whatever you do, do not say “Nickelback”…bad idea, even for the locals!
om Nash
“OK, Shelly. You are probably safe walking in Idaho unless you slip up and mention that you’re from the ‘wrong’ state. And whatever you do, do not say ‘Nickelback’…bad idea, even for the locals!”
I watched the youtube vid and wish I could say, “I don’t believe it,” but I was prepared for what I saw by your and Roseen’s experiences. Still, the pre-employment testing of gendarmes in Idaho must be very hiring-friendly.
Speaking of which, I just remembered reading quite a while back about the rejection of a candidate for membership in a Connecticut PD on the basis of his having scored too high on the PD’s IQ test.
“A man whose bid to become a police officer was rejected after he scored too high on an intelligence test has lost an appeal in his federal lawsuit against the city.
“The 2nd U.S. Circuit Court of Appeals in New York upheld a lower court’s decision that the city did not discriminate against Robert Jordan because the same standards were applied to everyone who took the test.” 🙂
“Jordan, a 49-year-old college graduate, took the exam in 1996 and scored 33 points, the equivalent of an IQ of 125. But New London police interviewed only candidates who scored 20 to 27, on the theory that those who scored too high could get bored with police work and leave soon after undergoing costly training.
“Most Cops Just Above Normal
“The average score nationally for police officers is 21 to 22, the equivalent of an IQ of 104, or just a little above average.”
http://abcnews.go.com/US/court-oks-barring-high-iqs-cops/story?id=95836
🙂
Although my personal experience is nil, never having bought or sold a non-prescription drug in my life, I *have* watched quite a few crime dramas in my time (including “Wired” and “Weeds”), and have heard many references to nickel- and dime-BAGS, but never once heard of a “sack” of anything. Have you?
to Tom Nash
Ok, let me clarify. If you are NOT in your vehicle but rather walking on the streets of an Idaho town and you encounter other folks, they will generally say hello.
Idaho is not really a destination, its just on the way to Montana. And…there’s also no reason to go to Montana. So skip it too!
If anyone wants to read an interesting book about Idaho, read “Big Trouble” by Anthony Lukas. It is the story about the assassination of a former governor of Idaho and the trial of the Wobblies (including Big Bill Heyward) who were charged with his murder. Senator-elect Borah was the prosecutor, and Clarence Darrow was defense counsel. The characters in this (true) story are diverse, and include Walter Johnson, the future major league pitcher, and Sara Bernhardt. A long read at 900+ pages, but I really enjoyed it.
Shelly….As long as those Idaho teens do not listen to, or refer to the Canadian group Nickelback they should be OK. You can google the Idaho Nickelback/Nickel Sack youtube video if you’re not familiar with it.
As long as your vehicle does not have WA., CO., OR. or Alaska license plates, it’s OK to visit there.
And even if you are from those states, they may extend their hospitality at a “Welcome to Idaho” rest area with the kind of special attention they paid to Mr. Roseen and others.
I have friends and relatives in Idaho. I had frequently visited the state. Given my own “Darien Roseen-like” welcome to Idaho last year, it’s very unlikely I would ever set foot in that state again.
I found it interesting that I was stopped twice for bogus “traffic violations” within minutes of crossing into Idaho. They barely mentioned the traffic “offenses”, but immediately launched into extensive questioning about “illegal substances.”
It’s curious, and a bit worrisome, that “no record exists of any encounter ” with the 3 officers (4, counting the K-9 they called in to search my vehicle).
I driven for c.50 years and over 500,000 miles. I have known some great officers and outstanding LE agencies in different jurisdiction.
But I’ve never seen the kind of chicken—- stunts that Idaho officers have grown so fond of.
@Inga (Annie)
“Eh, it’s all part of the act.”
I just looked up Mata Hari and read about her dancing and conscription into espionage by the French government, as well as about her fearless facing of her firing squad, mouth-breathers, all.
If the account I read is true, hers was one of the classiest acts of all time, male or female.
http://eyewitnesstohistory.com/matahari.htm
Chinggis think Idaho ok. Lots of sheep, some sheep named Johnson, bring them into the fold. Too bad no yaks in Idaho.
I stand corrected. Monica Lewinsky attended Lewis & Clark College in Portland, Oregon, which is not to be confused with the similar-sounding Lewis Clark State College in Lewiston, Idaho.
But here are some famous people from Idaho…
http://www.famousbirthdays.com/birthplace/idaho.html
I spent a little time in Lewiston, Idaho (across the Snake River from Clarkston, WA). Let me break it down for ya. Yes, and these are generalizations: Idahoans are very friendly (and will actually say “hello” to strangers on the sidewalk), work hard, drive big dodge trucks, and hunt passionately (rifle or bow, but not both). If you’re a teenager from Idaho, you plug into to your I-phone after school and you pretend that you don’t live in Idaho. Lots of MLB players have come from here, but the most famous person that came out of Lewiston was Monica Lewinsky who in 1995 graduated with a degree in psychology there just before she headed for the White House.