The Salt Lake Tribune defiantly ran advertisements for hard liquor, violating a state law the newspaper's publisher maintains is unconstitutional.
"We advertise any legal product," Publisher Dominic Welch said Monday.Welch said his newspaper doesn't solicit liquor advertisements. But when Brown-Forman Corp. placed an order as part as a national advertising campaign for its Canadian Mist whisky, he decided to run it.
The ads appeared April 21 and Friday.
"It's not allowed," said Earl Dorius, licensing attorney for Utah's Department of Alcoholic Beverage Control, which made its displeasure known to Brown-Forman of Louisville, Ky.
The Tribune is not alone among Utah newspapers in running liquor ads. Nancy Perkins, managing editor of The Spectrum in St. George, said her paper regularly runs liquor advertising. The Canadian Mist ad also ran in the (Ogden) Standard-Examiner, The (Provo) Daily Herald and The (Logan) Herald Journal.
"I saw nothing wrong with the ad," said Bruce Smith, The Herald Journal's publisher. "Liquor is not illegal, so I just said 'Why not?' "
The ABC -- the only legal importer of liquor, wine and beer containing more than 3.2 percent alcohol -- could cut off Brown-Forman's sales in Utah.
Brown-Forman spokesman Phil Lynch said the company told Utah liquor officials that its national ad campaign qualified for an exception in Utah because the ads also are appearing in New York Times and USA Today, newspapers that frequently run liquor ads and are sold in Utah.
But Brown-Forman will pull the Tribune ads if the liquor commission continues to protest, he said. The campaign is scheduled to run every Friday, but Lynch did not know how long it will continue.
The Tribune is unlikely to face any punishment, although the ABC filed a complaint with the state's criminal investigation bureau.
Advertising liquor is a class B misdemeanor punishable by six months in jail or a $5,000 fine for a corporation
But Salt Lake County District Attorney David Yocom says he won't prosecute.
"Why would I do that when the U.S. Supreme Court has ruled it is a First Amendment right to advertise liquor?" Yocom asked Monday. "Liquor is a legal product."
Yet in Utah, advertising liquor has been a crime since 1985. In 1997, the state liquor commission adopted rules for boycotting liquor distributors who violate Utah laws.
Brian Barnard, a civil rights lawyer challenging Utah's advertising ban in federal court, applauded The Tribune's audacity.
"We're being good little Boy Scouts in going through the legal system rather than challenging authority," said Barnard, who represents Utah tavern owners and the magazine Catalyst.
"The Tribune is willing to run the risk of a criminal charge and conviction. More power to the Tribune."
Dorius would not explain why the commission enforces a rule many say is unconstitutional.
Welch said The Tribune rarely gets orders for liquor ads because distillers and distributors are afraid of having their sales cut off by the liquor commission.
"I'm waiting for them to come and get me and handcuff me," he said.