Liquor will once again flow at Elks Lodges in Moab and Vernal, despite efforts by a Utah civil rights attorney to keep the bars closed.
Salt Lake attorney Brian Barnard petitioned the Alcohol Beverage Control Commission, arguing that the Elks' membership process discriminates by asking if the applicant believes in God and if he is willing "to assume an obligation that will bind you to uphold the Constitution and laws of the United Sates of America."But state liquor commissioners avoided the civil rights question and reinstated the liquor license for the Moab Elks Lodge, pointing out that no one yet had complained of such discrimination. The group maintained the lodges' permits could come under review in the future if someone does complain and there is evidence of discrimination.
The board also approved a new private club license for the Vernal lodge but postponed voting on a similar request by the Roy lodge pending investigation that lodge members may have served alcohol without a license. The lodge is accused of previously violating the law in the same manner.
The commission held fast to its decision, despite complaints by lodge members that the postonement would cause the lodge to lose money traditionally raised for charity from Elks Christmas functions.
Too bad, commission chairman Jerry Fenn said.
"I'm tired of being made the victim," Fenn said. "This is your problem. We've got some serious allegations here - and that's life."
Commissioner Nicholas Hales shared Fenn's sentiment, reminding lodge leaders that members weren't truthful about the past violation.
"Giving a license six months after being lied to . . . I've got a problem. Period," Hales said and invited the Elks group back for the December meeting.
The commission approved the Vernal lodge's private club application with no question, however.
The Vernal lodge and several of its Utah counterparts surrendered their liquor licenses after the Utah Supreme Court ruled the Elks violated the Utah Civil Rights Act by refusing to allow women members. The commission later ruled that license holders were required to adhere to the laws prohibiting discrimination.
Other lodges, as in Moab, had their licenses suspended and still others created separate clubs with nondiscriminatory standards to provide alcohol to Elk members.
"I'm sure some of these want to see how these first ones go before they reapply," Lee Cheves, Vernal lodge secretary and past president, said of other lodges seeking new licenses. "We felt we had to apply now because there is such a limited number of private club licenses."