Ross C. Anderson (#0109) Marshall M. Thompson (#14811) LEWIS HANSEN The Judge Building Eight East Broadway, Suite 410 Salt Lake City, Utah 84111 Telephone: (801) 746-6300 Fax: (801) 746-6301 [email protected] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION CINEMA PUB, L.L.C., d/b/a BREWVIES. Plaintiff, ve SALVADOR D. PETILOS, Director; NINA MCDERMOTT, Director of Compliance, Licensing Enforcement, Utah Department of Alcoholic Beverage Control, in their official capacities; JOHN T. NIELSEN, Chairman; JEFFREY WRIGHT; KATHLEEN MCCONKIE COLLINWOOD; OLIVIA VELA AGRAZ; STEVEN B. BATEMAN; S. NEAL BERUBE; AMANDA SMITH, Members, Utah Alcoholic Beverage Control Commission, in their official capacities Defendants. ‘Case No.: Judge: VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff Cinema Pub, L.L.C., d/b/a Brewvies (“Brewvies”) hereby complains against Defendants and alleges as follows:INTRODUCTION 1. This is an action for declaratory and injunctive relief arising from the State of Utah's and the Defendants’ unconstitutional censorship and chilling of the freedom of speech of Brewvies and its customers by punishing, and threatening to punish, Brewvies with fines and the threat of suspension or revocation of its liquor license for showing the worldwide highest grossing R-rated film, Deadpool, and other non-obscene films. PARTIES 2. Brewvies is a Utah limited liability company that owns and operates the Brewvies Cinema Pub, which is licensed to serve alcoholic beverages and is located at 677 South 200 West, Salt Lake City, Utah, The Brewvies Cinema Pub is a unique business, offering food, alcoholic beverages, and non-obscene films to be enjoyed together by its customers. The combination of offering food, alcoholic beverages, and films, in a business limited to customers 21 years of age and older, is central to the success of Brewvies. 3. Salvador D. Petilos (“Petilos”) and Nina McDermott (“McDermott”) are employees of the State of Utah and, respectively, the Director and the Director of Compliance, Licensing Enforcement of the Utah Department of Alcoholic Beverage Control (“DABC”). The claims against each are for declaratory and injunctive relief only. They have participated, and continue to participate, in enforcing the unconstitutional statute challenged herein and interfering with, and chilling, the exercise by Brewvies of its freedom of speech and expression. 4. John T. Nielsen (“Nielsen”), Chairman, and Jeffrey Wright (“Wright”); Kathleen McConkie Collinwood (“Collinwood”); Olivia Vela Agraz (“Agraz”); Steven B. Bateman (“Bateman”); S. Neal Berube (“Berube”); Amanda Smith (“Smith”), Members, are each agentsand officers of the State of Utah serving as commissioners of the Utah Alcoholic Beverage Control Commission (the “Commission”). The claims against each of them are for equitable relief only. Collectively they are the policy-makers and ultimately decision-makers for that Commission and the Utah Department of Alcoholic Beverage Control with regard to the policies and practices challenged in this action, including decisions regarding whether to proceed with disciplinary actions, whether to enforce constitutionally invalid statutes, and whether to impose fines or suspend or terminate liquor licenses. They have collectively adopted and promulgated on behalf of the State of Utah policies and practices challenged herein, including the enforcement of the ‘unconstitutional statute challenged herein, They ultimately supervise Defendants Petilos and ‘MeDermott and have required that Petilos, McDermott, and other agents and employees of the DABC comply with the unconstitutional statute and practices challenged herein. JURISDICTION AND VENUE 5. This Court has federal jurisdiction over Plaintiff's claims, pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 1983, as Defendants have violated the First Amendment of the United States Constitution, as made applicable to the states by the Fourteenth Amendment of the United States Constitution, 6. Venue in this Court is proper under 28 U.S.C. § 1391, as the events complained of ‘occurred in this judicial district and the Defendants reside in Utah. 7. Defendants’ imposition of fines, and the threats of imposing additional fines against Brewvies, and their threats of suspension or revocation of Brewvies's liquor license as part of Defendants’ enforcement of Utah Code section 32B-1-504, based on Brewvies’s exercise of its constitutionally protected freedom to choose which non-obscene films it will show, has interfered with, and threatens to further interfere with, Brewvies's rights to show non-obscene films protectedby the First Amendment of the United States Constitution and Article 1, sections 1 and 15 of the Utah Constitution. 8. Defendants’ actions have interfered with Brewvies’s freedom of speech and expression and threaten to continue to cause serious, perhaps devastating, damage to Brewvies in the form of unconstitutional fines, the threat of, or aetual, suspension or revocation of Brewvies’s liquor license and the destruction of its business based on the non-obscene content of films Brewvies chooses to show, as well as the continuous interference with, and chilling of, Brewvies’s exercise of its freedom of speech and expression guaranteed by the First Amendment to the U.S. Constitution and Article 1, sections | and 15 of the Utah Constitution. 9, The requested relief from this Court would redress Brewvies's injuries by removing the immediate threats to Brewvies of further fines and the possible suspension or revocation of Brewvies’s liquor license, as well as the continued interference with, and chilling of, Brewvies’s freedom of speech and expression. FACTUAL BACKGROUND 10. Deadpool, an R-rated film, was released in theaters in the United States on February 12, 2016. Within two months of release, Deadpoo! became the highest grossing R-rated film worldwide. 11. Brewvies showed Deadpoo! to its customers during the period from February 12, 2016, to March 24, 2016. 12. DABC, and Defendant McDermott particularly, signed and sent a Notice of Agency Action (the “Notice”) (a copy of which is attached hereto as Exhibit “A”), to Brewvies. That Notice was received by Brewvies on April 11, 2016.13. The Notice signed by Defendant McDermott alleged that, on or about February 23, 2016, Brewvies violated Utah Code section 32B-1-504(7)(a) and (d) by showing a depiction of (1) an act or simulated act of sodomy, bestiality, or oral copulation and (2) a scene wherein a person displayed his or her genitals. 14, Utah Code section 32B-1-504 provides, in relevant part: The following attire and conduct on premises or at an event regulated by the commission under this ttle are considered contrary to the public health, peace, safety, welfare, and morals, and are prohibited: .. (7) showing a film, still picture, electronic reproduction, or other visual reproduction depicting: (@) an act or simulated act of: sexual intercourse; Gii) masturbation; (ii) sodomy; (iv) bestiality; (v) oral copulation; (vi) flagellation; or (vii) a sexual act that is prohibited by Utah law; (b) a person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals; (©)a scene wherein an artificial device or inanimate object is employed to depict, or a drawing is employed to portray, an act prohibited by this section; or (@) a scene wherein a person displays the genitals or anus. 15. In the Notice, Defendant McDermott indicated DABC is seeking an order of the Commission invoking the penalty against Brewvies of “a 10 day license suspension up to a revocation of its elub license and/or a $1,000 ‘TO $25,000 fine” plus administrative hearing costs. The Commission Defendants would make that determination, which, based on past unconstitutional treatment of Brewvies by the DABC Commission, would likely entail a significant penalty, as well as more than one hearing and substantial time and attomeys’ fees incurred by Brewvies. 16. Enclosed with the Notice from Defendant McDermott were two “Crime Reports” from Officers Bradly Bullock and Sean Cannon, both with the Utah State Bureau of Investigation,describing a covert investigation the night of February 26, 2016, in which Officers Bradly Bullock, Sean Cannon, and Jared Williams, three covert agents of the Utah State Bureau of Investigation, entered Brewvies, ordered a Bud Light and watched Deadpool! to verify the film’s sexual content and nudity. All three officers “had seen the movie beforehand of their own free will” in the previous two weeks since the film was released. Officer Sean Cannon, who had, on his own, seen the film two times before, verified the Brewvies showing of Deadpool! did not “remove or obscure” the sexual content or nudity from the film. (The other officers apparently each saw the film once before, on their own.) 17. DABC, through all or some of the Defendants, or through their predecessors, had previously taken unconstitutional action against Brewvies on two separate occasions: a. In 2011, DABC investigated Brewvies for showing The Hangover Part Il, which was not “obscene” within the meaning of state or federal constitutional law and was not claimed by DABC to be obscene. The DABC asserted Brewvies violated Utah Code section 32B- 1-504 (7)(a) and (dl) by “showing a film depicting an act or simulated act of sodomy, bestiality, or ‘ral copulation and a person displaying their genitals.” Brewvies was coerced and intimidated by legal counsel for the DABC and the DABC Commission into agreeing to pay a $1,500 fine plus the payment of costs, in the total amount of $1,627. b. In 2015, DABC, in a threatening email from Margaret K. Hardie, with DABC Licensing and Compliance, gave informal notice to Brewvies that at least two films “would not be allowed to be shown . . . due to nudity and sexual content.” At that time, the only films being shown at Brewvies were Magic Mike XXL and Ted 2, neither of which were “obscene” within the meaning of state or federal constitutional law and neither of which were claimed by DABC to be obscene. The email cited and reproduced Utah Code section 32B-1-504(7). The email stated,“Please make sure you preview all movies you will be showing. This ensures we can keep you from citations or law enforcement referring you for violations against your liquor license.” In other words, the DABC was warning Brewvies not to show films that were constitutionally protected, but which fell within the coverage of the unconstitutional Utah statute, Utah Code section 32B-1- 504(7). 18. Brewvies responded to Margaret K. Hardie’s informal notice in a letter dated June 23, 2015. That letter made clear that (1) Brewvies showed only movies that are rated PG, PG-13, and R, (2) the films Ted 2 and Magic Mike XXL were being distributed nationally to over 3200 theaters, (3) Brewvies admitted only patrons older than twenty-one years of age, and (4) Brewvies sought to reach an understanding with the DABC and the Commission such that Brewvies would be permitted to show PG-13 and R rated movies without fear of prosecution or penalties by the DABC or the Commission. 19, DABC responded in a letter from its legal counsel Sheila Page, dated July 23, 2015. ‘That letter made clear that (1) DABC, unequivocally, “will take ation” against Brewvies should DABC receive any law enforcement referral that Brewvies provided entertainment in violation of the Alcohol Beverage Control Act and (2) if Brewvies did not want to face penalties from the DABC then Brewvies’s recourse was (a) to screen films for possible violations of Utah Code section 32B-1-504, (b) exercise “the option of being a motion picture theater without alcohol service,” o (c) approach the Legislature about changing the statute.FIRST CLAIM FOR RELIEF VIOLATION OF FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE 1, SECTIONS 1 AND 15 OF THE UTAH CONSTITUTION DECLARATORY AND INJUNCTIVE RELIEF 20. Brewvies re-alleges and incorporates by reference the factual allegations above as if set forth fully herein, 21. The film Deadpool is not obscene, and Defendants and the DABC have not claimed the film is obscene, under applicable constitutional standards. Taken as a whole, the film has serious literary, artistic, political, or scientific value. 22. Brewvies’s showing of the film Deadpoo! is protected by the First Amendment of the United States Constitution and Article 1, seetions 1 and 15 of the Utah Constitution. 23. Brewvies intends to exercise its freedom of speech by again showing the film Deadpool and other non-obscene films that may contain depictions in violation of Utah Code section 32B-1-504, but which are constitutionally protected. 24, Defendants, acting under color of state law, and in the course and scope of their duties as employees or DABC commissioners, deprived and continue to deprive Brewvies of its constitutional rights to freedom of speech by (i) continuing to enforce the unconstitutional Utah statute, Utah Code section 32B-1-504(7), (li) failing to announce that it will not refrain from enforeing the unconstitutional statute, and (iii) by punishing and threatening to punish Brewvies with fines and/or the suspension or revocation of Brewvies's liquor license because Brewvies showed the film Deadpool ot if Brewvies again shows Deadpool! or other films containing depictions in violation of Utah Code section 32B-1-504, but which are not obscene within the meaning of well-established constitutional law.25. Brewvies is entitled to a declaration that the Defendants’ enforcement, both past and future, of Utah Code section 32B-1-504(7), based on the content of non-obscene films, violates the First Amendment of the United States Constitution and Article 1, sections 1 and 15 of the Utah Constitution. ENTITLEMENT TO TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTIVE RELIEF 26. Defendants’ unconstitutional actions have irreparably harmed Brewvies by (i) coercing it to choose which films to show based on the content of those films, without regard to obscenity, or face substantial fines and/or the possible suspension or revocation of its liquor license; (ii) imposing and threatening to impose punishments, including fines and/or the possible suspension or revocation of Brewvies’s liquor license, for having shown a non-obscene film, Deadpool; and (iii) continuously chilling the freedom of speech of Brewvies in its decisions about ‘what non-obscene films it can show for its customers without incurring the unconstitutional coercion and punishments, or threats of punishment, by the DABC and the Defendants. 27. — Defendants’ unconstitutional actions will continue to irreparably harm Brewvies by uunconstitutionally chilling Brewvies’s rights to freedom of speech and expression by coercing Brewvies to choose which films to show based on the content of those films, without regard to obscenity, or face substantial fines and/or the possible suspension or revocation of its liquor license 28. Brewvies’s remedies at law are not adequate to remedy its past and ongoing injuries. 29. — Injunctive relief will not cause hardship to anyone, but will protect Brewvies’s freedom of speech and expression against unconstitutional punishment and threats of punishmentby Defendants and against the infringements by Defendants on, and the chilling of, Brewvies’s freedom of speech and expression, 30. Vindication of constitutional freedoms and protection of First Amendment rights is in the public interest. 31. Brewvies is entitled to temporary, preliminary, and permanent injunctive relief prohibiting Defendants from enforcing or threatening to enforce Utah Code section 32B-1-504(7) based on the content of non-obscene films. PRAYER FOR RELIEF WHEREFORE, pursuant to the claims for relief set forth hereinabove, Plaintiff is entitled (1) an order declaring that Defendants’ past and future enforcement, and threatened enforcement, of Utah Code section 32B-1-504(7) against Brewvies for showing non-obscene films, including the film Deadpool, violated and continues to violate the First Amendment of the United States Constitution and Article 1, sections 1 and 15 of the Utah Constitution; 2) orders granting temporary, preliminary, and permanent injunctive relief prohibiting Defendants from enforcing, threatening to enforce, or otherwise taking action against Brewvies or its liquor license pursuant to Utah Code section 32B-1-504 for showing non-obscene films, including the film Deadpool; (3) an award against Defendants of all reasonable attorneys’ fees and costs incurred by plaintiff in this matter, pursuant to 42 U.S.C. § 1988 and any other applicable authority; and (4) all further relief as deemed just and equitable. 10DATED this 19th day of April, 2016. u LEWIS HANSEN {sl Ross C. Anderson Ross C, Anderson (#0109) Lewis Hansen Eight East Broadway, Suite 410 Salt Lake City, Utah 84111 Ph: 801.746-6300 [email protected] ‘Attorneys for PlaintiffVerification 1, Randall Miller, declare as follows 1, Lam over 18 years of age, a resident of the State of Utah, and the managing member of Cinema Pub, L.L.C,, d/b/a Brewvies, the Plaintiff in this matter, 2. Ihave personal knowledge of myself and my activities, including those set out in the foregoing Verified Complaint for Declaratory and Injunetive Relief and if called to testify I would competently testify as to the matters stated herein. 3. verify under penalty of perjury under the laws of the United States of America that the factual statements in this Complaint concerning myself and my activities are true and correct, as are the factual statements concerning the conduct of Plaintiff Cinema Pub, L.L.C., d/b/a Brewvies. Dated this 18" day of April, 2016. ‘Managing Member, Cinema Pub, L.L.C., d/b/&Brewvies 923 East Executive Park Drive, Suite B Murray, Utah 84117 801.268-1082 12EXHIBIT AOFFICE OF THE ATTORNEY GENERAL Dear Respondent(s): Tinvite you to contact me regarding the Possibility of settling this case prior to the date set for the pre-hearing listed in the Notice of Agency Action. Please call me at 801-366-0219 during the following hours: Mondays: 9:00 a.m, to 4:00 p.m. or Wednesdays: 9:00 a.m. to 4:00 p.m. Sincerely, Choke ye SHEILA PAGE Assistant Attorney General Counsel to the DABC( 4 > UTAH ALCOHOLIC BEVERAGE CONTROL COMMISSION DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, NOTICE OF AGENCY ACTION and. COMPLAINANT, OF INFORMAL ADJUDICATION and v. NOTICE OF HEARING. GINEMA PUB LLC dba BREWVIES Case Number 2016.565.. RESPONDENT. Gomlainant, Department of Aechotc Beverage Contol (nereater DABC), though is Presiting Officer, Nina R. McDermott, alleges as follows: 1. The DABC is a duly authorized department ofthe State of Utah, uissiolon for this action fs based upon Ulah Adminisvatve Procedures Ad, U.CA, 6964-201, Utah Archolo Beverage Contul Ast 328-2204 and RBI-16& -7, ABC Commission Rules of Procedure. for Disciplinary Action, 5 This Notice of Agency Action Is also a notice of an “informal” adjudication under ULG.A, 636-4202 & -5, A ne aw enforcamont reports) pertaining to tho alleged volatons in tis Notice of Agency Acton is attached, i: &. CINEMA PUB LLC dha BREWVIES (heresfter “BREWWIES"), lecatod at 877 200W , SALT LAKE CITY, UT B4101, is # DABC chub tlcenses pursuant to U.C.A. 828-5, having been granfed said foense on ‘September 29, 2009, 8. The DABC violation fle regarding BREWVIES reflects the follwing violaton history: No prior violations found, 7, The DABC alleges BREWVIES and named respondents have committed the folowing violation(s) of the Utah alcoholic beverage control laws:Count I: On or bout Febmary 23, 2018, Bromies, a sosial chb, showed a fn, electronic ‘production, or other visual reproduction depicting: (1) an act or simulated act of sodomy, DesiaHY, oF oral copulation, and @) a scene wherein a person dsplayed thelr goniale lation of Utah Code Section 328-1-504 (7) (a) and (i). WHEREFORE, the DABC seeks an onder of the Utah Alcohole Beverage Contol Commission invoking the following penaties: Count f: AS to BREWVIES, 2 10 doy license suspension up to a revocalion of cub license and/or a $1,000 TO $25,000 fine. Tha department also seeks administrative hearing costs. NOTICE OF HEARING A Presnearing conference on this matter wil be held at the DABC, 1625 South 900 West, Salt Lake city, ah oftaton April 20, 2016 at 10:00AM, or sooner upen request of respondents, to encourage setiement, arty issues, simplty evidence, or expedite the proceedings. A representative of he licensee and any ramed employees ofthe lcense are expect tobe in aendance al he pre-hearing conference, I fe case is nol sete, the date, time and place of any informal or formal evidortlary hearing will bo Schodied atthe time of the prechearing conference, A respondent may request an adjuceatnve hearing to cetermhe whether the alleged violatons occured, and if so, the penaltes fo be imposed, An adjudicative hearing Is conducted informally in accordance with Coma 6364-202 and 203 unless the presiting offeor converts tha matter to a formal Proceeding pursuant to REL 72KE}G) oF (M). Tho purpose ofthe hearing isto alow the partes to teely, present evidence and comment on the issues, Falura of party to attend or patipate in any scheduled adjuicative heating rere esa that Party being hold in default and shall consttute an admission of the allegations eontainos her and shallwaive the respondent's right o contest the alegatons, andthe right othe heating hols Pege, Assistant Utah Altorey Gonerl, wil represent the DABC at al proceedings in this mater. ‘Any Guestons concoring the mers of the case or dlecuesions concerning possible setlement should ts ‘rected fo Ms, Page, 160 East 300 South, Salt Lake Cy, Utah 84114 or contact her at (801) 366-0353. Page 2Dated and mailed this 31st dey of Merch, 2018, Nina R. McDermott Director of Licensing and Compliance DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1625 South £00 West Salt Leke City, Utah 84104 (201) 977-8800 Page 3‘This is to cerify that 1 mailed, Informal Agjudication and Notice of BREWVIES PO BOX 572068 MURRAY, UT 64187 Certified Mi by carted mall, a copy of tho foregoing Hearing" on this 34st day of March, 2016 to: Page 4 "Notice of Agency Action and ofUTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Violation Screening Report UDABCCASE NBR — 2016-566. UCENSENBR cLotoat License Type L-CLUB Complaint Type INFORMAL Entity Name CINEMA PUBLLC DBA BREWVIES Location Address. 677 § 200i, SALT LAKE CITY UT s4tot Malling Address PO BOX'72068, MURRAY UT 64157 Contact Person Phone number(s) 801-322-9891 Date First Licensed September 29, 2009 Explration Date Juno 30, 2016 Date Received March 9, 2018 Complaint Document Issued March 23, 2016 Source of Referral STATE BUREAU OF INVESTIGATION. Reference Nbr Date Velation Type Dogeoe Penalty Range Feb 23,2016 1 ATTIRE AND CONDUCT VIOLATION, VISUAL DISPLAYS, corave 10 dey suspension eters evecaton ere ‘andor 1,000 TO $25,00 fn. dee Cee Rat 2218 Brows, socal cb, stowed afm, eletoniceprducin, eae val reoducton dere tt simian say bstly oop, arn ceve hanna pecans ‘ir getatn van of ish Cod Seton 21808 7) (een), NOTIFICATION. INFORMATION Person Notified spoke with randy miller Contact Tito Dato Noted March 18, 2018 Notified By johnson PRIOR VIOLATIONS MARGARET HARDIE isthe compliance officer NO PRIOR VIOLATIONS Wednasiav.23 Waren 2018 2:350mUTAH STATE BUREAU OF IN VESTIGATION c CRIME REPORT Incident: 1U3979966 Page: 1 of 2 Report: R10395653 Case: 16INVO142 im = OFFENSES: c= Vay one RizovoL coMPCaRCE DHATTSST Tein eines Veta Aesba aad Ty eT Eo RECEIVED te, feria 677 South 30 Nest Salata cy, baton onnarnaca aie Cece on o/aefsoie 2290 MAR -9 2015 ecemredtr02/2y/sore gga cores tcvty oon aoae Aeanat Ohara tocne/2o/aons Ac aaae Utah Dept. of ABC = NARRATIVE A SYNOPSIS. ‘This report tals the Investigation Into a complaint agenstBrewvies located at 677 South 200 Westin Salt Lake city, NARRATIVE $0,.02/23/2016, 1 was requested to investigate a complaint that was recelvad by our office from Margaret Hordie at DABC against at tele cate ogy cnuth 200 West In Salt Lake Cty. The nature ofthe complaint ndicsted etore ee Was showing a film oe peation on thelr premises entited "Deadpool." The complaint claimed that the fit ere numerous scenes of a sexual RESULTS OF INVESTIGATION See O86, Agents Cennon and Willams and I entered Brewvies located a 677 South 200 Westin Sale Lake City. We were atyised by 2 male working the font check-in desk thatthe B pm showing of Desfnoer' aco ‘ut, So we purchased tickets to ERG 20:30 2m showing of “Deadpoo|* Our TD's were checkad to very that we were 21 yong sae see 10:15 pm, we went to Proves vita area, and I ordered a Bud Light n a glas, I was served thet, and I took ee beer wie theater area where the comma Pen shown in Theater #2. We sat down and watched the movie *Deadpocr" to retire wae Indicated in the Atte and cone ot the movie 1 observed the flowing that are deemed vielatons of 225° $08 (acne Requirements On Attre and Conduct of the General Provisions of the Utah Alcoholic Beverage Control hes) Sonatinas eOGID. The foing ate and conduct on premises or at an event regulated by the commission Under this title are racer eet {0 the public heath, peace, safety, weifre, and morals, and are prohibited shesse es flim, stil picture, tectonic reproduction, or other visual reproduction depicting: an sct or simulated act of seracl son nee 2) 2eL S047 eI) - The flowing ate and conduct on premises ora an event regulated bythe commission under this ttle lectonie cenrecnetin’ {2 the public health, peace, safety, welfare, and morals, and ere prohibited: showinyc film, stil picture, lectronic reproduction, or other visual reproduction depicting: an act or simulated act cfc montane dan Tae rain character inthe fll is shown on his back under bed sheets briefy engaged in masturbation or simulated masturbation using a stuffed unicorn tey, 3) 328. afe considered contrary tothe public health, peace, safety, welfare, and morals, and are prehibe Slectronic reproduction, or other visual reproduction depicting: an actor simulated act of: sosomyr> Sed SoA) The folowing ate and conduct on premises or at an event regulated bythe commisson under thistle Showing a film, still picture, Utah state Bureau of investigationUTAH STATE BUREAU OF INVESTIGATION c CRIME REPORT Incident: 103979966 Page: 2 of 2 Report: R10395653 Case: 16INVO142 es NARRATIVE: ae rary pesrolidey themed sex montage, It shows the main character (male) nude “on his hand and knees on a bed while @ the emere renee oith an strap-on penis that isnt shown) hes er gran asce pesos agalast the man’s posterior; ad core eee Cuts tis fece, he is sweating and grimacing as she says rcs vein dee ends. She bends down to him and seys "Heppy Women's Rights Day" during the sodomy orslmulsted sedooy ree Cease TSO4(7)(0) « The folowing attire and conduct on premises or at an event regulated by the commission under this ttle are Srecoonie reentry to the public health, peace, safety, welfare, and morals, and tre ponoied showing a flim, still picture, Sunsecer sebroduction or other visual reproduction depleting: & persan being touche, caressed, or fondled on the breast, buttocks, anus, or genitals = (Gre se the wep ting the hella themed sex montage, The male and female main characters “ere shown having sex while nude {we see the woman siting on the man's groin In bed racking on is lap as he foncos We tere eee oe coasted A The following atre and conduct on premises or at an event regulated by the ‘commission under this title are Sree eret contrary to the public healt, peace, safety, welfare, and morals, and are pantie showing a film, still picture, te denek Se raduction, oF other vsual reproduction depicting: a seene wheren'en atc eeres object is employed ‘© depict, ora drawing fs employed to portray, an act prohibited by this section, In tis ee oto Wares eh crects, 2 drawing ofthe main character (male) Is shown “ashe rdes on the back ofa Unicorn, he rubs Its horn briefly Until the hom shoots outs rainbows (simulating orgasm)" The tall ef the unless ror slowly as he rubs the hern simulating = Say ae officer's Nemes“ Badge Signature as Printed On Buloc, Brac 2 BR 03/08/2046 4 A508 2 zl ASSISTING OFFICERS $ Agency Officer's Name Badge tah Stare Bureau oman Cannon, Sean 309 Utah State bureau tinvestgaton Wits ered coy SUPERVISOR Agency Officer's Name Badge Uta State Garena Tavepatan Hak Hike 2 Utah state Bureau vestigationUTAH STATE BUREAU OF INVESTIGATION oO OFFICER REPORT Incident: 104775477 Page: 1 of 2 Report: R12573660 Case: 16INVo142 Aslan See ee Ae cMDETALLS AVRO RUT GeO Tait Cece 873-1 Cover investigator \scoton 677 South 200 West, Slt Laka City -Brewules (€LO2041) Case bisposten Other Service (eeurrad on: 02/26/2046 at 22:50, Occurred o:02/27/20%6 wt: 00.30, ‘meer Actity on: 02/26/2018 at/22:30 Offer Actity to: 02/27/2086 At 00:30 Y Se SNARRATIVER CS Suey ad a Supplemental Report - Agent Sean Cannon Case #16INVo142 Covert Operation \ocatlon - Brewwes 677 South 200 West, Salt Lake city, Utah (CL02041) Synopsis - corer stormed of @ complaint at Brevvies. 1 was told thatthe complaint came through the Department of Alcohol Beverage OF Both Sone POY era The complainant stated that Brewvies was shoving the movie Besse aha we full Frontal nudity artnet agents and that went to the movi “Desdpsal* had ll sen the mevie beforehand of thelr awn free will prior to knowing of the complaint and knew ofthe possible scenes the complainant wes talking aboue Visit at Brewvies: fac rived to Brews at 2219 hours (10:10 hours) forthe 10:30 late night showing. We watehed as patrons ordered beer and rene rar entering into the theater. We sat down and noticed about 40 fo 50 pattons Nene wreie ene ne us with about half with alcoholic beverages, Faatorehi aed rarmally and got to the point were the main character - Wade Wilson played by actor Ayan Reynolds gets into a Wed nanip with 2 female character - Vanessa played by actress Morena Baccarin, During its tee ne movie, Vanessa and Dace pve impled sexual contact during numerous holicays, An example of this Is during ternatoner Wee Day" Vanessa Se be sedomizing Wade in their bed, Later in the movie, Wade gets Into a fight wthrarctho gorse Ajex played by Ed Send oF or ie faht, Wade's clothing comes of. Wade shows fll ronal nudity during the Matt eneve vane ee Isa short movie, ade pena hie simulating him masturbating in his bed with a stuf animal (unkara) Then eal ere the Bind Bacareute ane seat, Cub to talk to Vanessa. During the vist, there Isl ronal nudity of women derearo ate foreground ‘nd background of the shots during this portion of the most tah State Bureau af investigationUTAH STATE BUREAU OF INVESTIGATION Oo OFFICER REPORT Incident: 104775477 Page: 2 of 2 Report: R12573660 Case: 16INVO142 _NARRATIVE © remaneren the movi tice before, During the Brewvies showing, Idd not noticed any dference in the movie “Deedpoo!" to Femove or obscure the nudity and or implied sex acts Ee ‘The movie ended et approximately 0015 to 0030 hours (12:15 to 12:30 a.m.). Movie Information: Name - Deadpoo! (2016) Rated -R Time 1 hr 48 mins End of report. officer's Nain She Painkdd On t 8 Cannen, Sean 03/08/2016 a 36:08 See eer "ASSISTING OFFICERS ae: Agetey 2708 Say SOS a Ofna Names Batige Utah Sate Suresu of Ivesveaton Bulck, Bede 257 Utah State Bureau of investigation Wiss, Jared a2 ca: ae 2 (SUPERVISOR. Agency RR i Toffees Name Badge Utah See Bureau of vesgaton FoR, He 2 Utah state Bureouoftnvestatonsa Stale of Ui Mall - vain ated Chris Johnson violation at club Chris Johnson Mon, Mar 14, 2016 at 11:26 AM Draft To: [email protected] Hello, My name is Chris Johnson and | work for the Dept. of Alcoholic Beverage Control. We have received a report from the dept. of Public Safety about a violation that occurred at the club. If you have any questions, please call me at 801-977-6811 ios fnal anne creat