A spokesman for Utah’s Attorney General’s office confirmed Thursday that the state will not appeal a ruling by a federal judge that found unconstitutional the state’s statute barring depictions of sex or full-frontal nudity in places that serve alcohol. The spokesman declined further comment on when or how the AG’s office arrived at that decision.
The state’s public acknowledgement that it was not appealing the case is buried in a 41-page memorandum filed this week in the case, where the state argues against paying the $534,431.05 in legal fees that Brewvies’ lead attorney, former Salt Lake City Mayor Rocky Anderson, asked the court to approve.