Visual Arts Collective v. Powell

  • Filed: 09/15/2016
  • Status: Victory!
  • Court: United States District Court for the District of Idaho
  • Latest Update: Sep 15, 2016
a venue with people sitting and waiting for the show to start from the back of the room, with words "Don't limit Artistic Expression in Idaho" "Justice Served" "#legalizeidahoart" and "#uncoveridahoart"

Putting an end to art censorship in Idaho.

In March 2016, the Idaho State Police sent undercover agents into the Visual Arts Collective to monitor a burlesque performance by acclaimed Idaho artist Frankly Frankie of Frankly Burlesque. Two months later, Idaho Alcohol Beverage Control threatened to revoke the Visual Arts Collective’s license to serve alcohol, citing an antiquated liquor law that prohibited women from revealing “any portion of the female breast below the top of the areola.”

We sued and, in a clear and swift victory against government censorship of artistic expression, the State agreed that Idaho liquor laws that bar constitutionally protected free expression will be permanently halted and not enforced by the Idaho State Police in artistic venues across the state, putting an end to censorship of art throughout Idaho. Under the terms of the settlement, the Idaho Legislature was required to permanently repeal the censorship provisions from Idaho law or face further litigation. The Legislature fixed the laws in 2017.

Case Number:
1:16-cv-00414-CWD
Judge:
Candy W. Dale
Attorney(s):
Ritchie Eppink, Deborah Ferguson, Craig Durham, Jack Van Valkenburgh
Pro Bono Firm:
Ferguson Durham, PLLC

Art Gallery, Theater, and Acclaimed Artist File Lawsuit Challenging Restrictions on Live Performance

Idaho Alcohol Laws Violate Free Speech, ACLU and Co-Counsel Lawsuit Contend

image of people sitting waiting a performance with words "don't limit artistic expression in Idaho" "#legalizeidahoart" "#uncoveridahoart"

Artists Win Lawsuit Against Idaho Alcohol Laws

Idaho State Police Agree to Permanent End to Restrictions on Artistic Expression

a venue with people sitting and waiting for the show to start from the back of the room, with words "Don't limit Artistic Expression in Idaho" "Justice Served" "#legalizeidahoart" and "#uncoveridahoart"

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Sep 15, 2016
image of people sitting waiting a performance with words "don't limit artistic expression in Idaho" "#legalizeidahoart" "#uncoveridahoart"
  • Speech, Press and Privacy|
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Art Gallery, Theater, and Acclaimed Artist File Lawsuit Challenging Restrictions on Live Performance

Idaho Alcohol Laws Violate Free Speech, ACLU and Co-Counsel Lawsuit Contend
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Sep 28, 2016
a venue with people sitting and waiting for the show to start from the back of the room, with words "Don't limit Artistic Expression in Idaho" "Justice Served" "#legalizeidahoart" and "#uncoveridahoart"

Artists Win Lawsuit Against Idaho Alcohol Laws

Idaho State Police Agree to Permanent End to Restrictions on Artistic Expression

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