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Lawsuit alleging Utah drink special ban amounts to illegal restraint on trade must be amended, or face dismissal

By  |  March 27, 2012

U.S. District Court Judge Bruce Jenkins has given the Utah Hospitality Association 20 days to amend their lawsuit challenging state liquor legislation. Utah’s liquor laws were revised in 2011 to ban drink specials and place quotas on liquor licenses depending on population and the number of police officers available to enforce alcohol-related offenses. The Association claims that the drink special ban is an illegal restraint on trade, in violation of the Sherman Act.

The new complaint is to allege specific harm that the laws have had on businesses. The Association’s attorney Lisa Marcy has stated that the complaint will be amended to focus on the anticompetitive aspects of the legislation. Moreover, additional proof is required for the Association’s argument that the Church of Jesus Christ of Latter-day Saints lobbyists exerted undue influence on the Utah legislature. The Association claims that the church’s pressure went beyond free speech. More than 80 percent of the Utah legislature is Mormon.

Full content: Associated Press via NECN.com

 

Related content: Legislative Intent and the Policy of the Sherman Act