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Judge sets trial date in Brewvies lawsuit over ‘Deadpool’ and Utah liquor law

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SALT LAKE CITY — A federal judge has scheduled a three-day trial next year in a movie theater’s lawsuit over “Deadpool” and Utah’s liquor laws.

U.S. Magistrate Judge Evelyn Furse scheduled the trial between Brewvies and the Utah Department of Alcoholic Beverage Control Commission before a judge beginning May 15, 2017. That’s if the case isn’t resolved before then. In court filings, lawyers for the Utah Attorney General’s Office and Brewvies have indicated settlement likelihood is “fair.”

Brewvies sued the state after the DABC threatened to revoke its liquor license for showing “Deadpool” earlier this year. Brewvies is accused of violating Utah law that prohibits liquor licensees from showing nudity and certain sex acts and serving alcohol. The Salt Lake City movie theater claims the law violates its First Amendment rights.

The state has agreed not to take any enforcement action against Brewvies while the case is litigated. A judge could be asked to decide the constitutionality of the law before going to trial when lawyers for both sides ask for summary judgment.