SALT LAKE CITY, Utah (ABC4 Utah)- Salt Lake City Cinema Pub Brewvies, has filed a temporary restraining order against the Utah Alcoholic Beverage Control Commission.
The motion says “the threat of future enforcement, and the chilling effect on conduct or speech protected by the First Amendment to the United States Constitution and Article I, sections 1 and 15 of the Utah Constitution, still exists” and failing to grant the Temporary Restraining Order would “result in a chilling effect on free speech and irreparable harm to Brewvies.”
The pub is asking the judge to grant the Temporary Restraining Order so Utah’s alcohol control authority cannot pursue action with the current lawsuit for at least 10 more days.
The motion reads:
“IT IS HEREBY ORDERED that Defendants and anyone acting in concert with them are temporarily restrained from taking any enforcement action pursuant to Utah Code section 32B-1-504(7), including but not limited to covert operations, informal threats, admonitions, or warnings, notices of agency action, hearings, pre-hearings, conferences, assessments of fines, license suspensions, or license revocations. A hearing on Brewvies’s request for a preliminary injunction will be scheduled within the next ten days. This Temporary Restraining Order will expire in ten days…”
A hearing for the Brewvies v. DABC lawsuit has not yet been set.
Prior to the filing for the Temporary Restraining Order, the Utah’s Office of the Attorney General released a statement saying they would continue to “advise the DABC and defend their enforcement of current state laws”. Read the full statement here.
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