The Utah State Fairpark has agreed to adopt "content neutral" booking rules following the dismissal of a First Amendment lawsuit by fans of shock-rock band Marilyn Manson.
Known for its raunchy lyrics and wild stage show, Marilyn Manson has been banned twice in Utah: once from opening a concert by Nine Inch Nails at the Delta Center two years ago and the second time from a scheduled concert at the Fairpark in January.Attorney Brian M. Barnard filed a federal lawsuit on behalf of a teenage fan named "Armed" and a half-dozen other ticket-holders of the Fairpark concert, accusing the facility's management of censorship.
According to Barnard, the privately owned Delta Center may have had the right to pick and choose the acts it books, but the state-owned Fairpark must treat everyone alike.
"The state is not entitled to dictate the musical tastes of its citizens," Barnard argued. "Under the First Amendment, the state can't be in the business of censorship."
Under terms of a settlement agreement released Tuesday, the state will pay the plaintiffs $9,350 and adopt a new policy governing performances at the Fairpark.
Fairpark President and CEO John Whittaker declined to discuss the proposed policy, but a working draft sent to Barnard states that the Fairpark "will not deny access to Fairpark facilities based solely upon the lawful content of the message of any performer, entertainer or other speaker."
Assistant Attorney General Dan Larsen said the change in policy was only partially motivated by the lawsuit. "It was something we realized had to be changed," he said.
Whittaker decided in late December to withdraw the facility's earlier approval of the concert after reviewing some of the band's promotional materials and lyrics.
By then, the concert had already been heavily promoted and tickets had been on sale for about a week, though no contract with the Fairpark had been signed.
Marilyn Manson band members have adopted the first names of dead female celebrities and the last names of mass murderers. Their song lyrics are full of explicit sexual and violent content.
Whittaker said it was not the kind of family image the Fairpark wanted to portray. And he argued that as a nonprofit, public corporation that leases facilities from the state, the Fairpark has as much right as the Delta Center or the Salt Palace to select its performances.
During a hearing a week before the scheduled Jan. 11 concert, U.S. District Chief Judge David Winder declined to order the Fairpark to allow the performance but advised the facility's managers that their ban amounted to "prior restraint."
"You can't decide this is filthy stuff and it shouldn't be heard by the people of this community," Winder said.
Barnard said he believes the proposed new policy addresses the First Amendment issue by preventing state officials from banning speakers or performers whose message they might find offensive.
The policy would permit the state to seek court intervention to ban a concert where the performance is found to be illegal.