"My name is Jerry Fenn. I am an attorney in private practice and represent The Church of Jesus Christ of Latter-day Saints. I make these comments today on behalf of the Church. I should note that the Church may also submit additional written comments to the Commission before October 5th.
Utah should be at the forefront of reasonable laws and effective enforcement to prevent abuse and over-consumption of alcohol. The trend worldwide is towards more rather than less control over harmful substances. People everywhere are becoming increasingly aware of enormous health, safety and social costs associated with the consumption of alcohol. Utah should be proud of its record of the lowest per capita consumption of alcohol in the United States and the resulting lower social costs attributable to alcohol abuse.
The Church of Jesus Christ of Latter-day Saints ("the Church") submits that the State of Utah should maintain its laws and enforcement to minimize alcohol abuse. Utah laws adequately provide for the availability of alcoholic beverages. The Alcohol Beverage Control Commission has the statutory mandate to protect the public interest, including the rights of those wishing to avoid the adverse consequences of alcohol consumption by others. The longstanding policy of the State has also been to restrict advertising and other measures that promote consumption of alcohol.
Because of recent rulings by the United States Supreme Court and by the Tenth Circuit Court of Appeals concerning commercial speech, the Commission has issued an emergency ruling relaxing its policies against the advertising of alcoholic beverages. The Church does not comment on that rule in this statement, but only notes that much work remains to be done on the subject of advertising. In the meantime, the Church urges manufacturers, restaurants, private clubs and others to use restraint in advertising alcoholic beverages.
The Church strongly subscribes to the common-sense conclusion that there is a direct correlation between alcohol advertising and alcohol consumption. The Church, therefore, urges the Commission to initiate a thorough and comprehensive review of what alcoholic beverage advertising restrictions are permissible under the recent court decisions. In the Church's view, alcoholic beverage advertising restrictions should apply equally to liquor and beer-- to all types of alcohol advertising. We believe this principle is central to the reasoning in the Tenth Circuit's recent decision, and it should be central to the state's ensuing laws and regulations on this subject.
The Church urges additional studies to illuminate the problems associated with advertising alcoholic beverages, particularly on how such advertising influences under age drinking. For example, the State should investigate measures to limit unrestrained and intrusive visual displays promoting alcoholic beverages. The State may conclude to restrict billboard advertising. Such restrictions could be supported by studies showing what kinds of advertising influence youth to drink.
The Church also urges the Commission's continued vigilance and vigor in enforcing Utah's existing statutes and policies regulating alcoholic beverage consumption. Even more resources should be dedicated to enforcing existing laws.
The Church is deeply concerned about the moral, social and health costs directly associate with the consumption of alcohol in a state where so many of its members reside. Alcohol abuse is directly related to birth defects, mental illness, disease, accidents, traffic fatalities, family violence, abuse and neglect, suicide, homelessness, and lost productivity. Alcohol's impact on our society in pain, sorrow, misery and lost lives is incalculable. We must not recede from concern with this carnage nor from conscientious, legal efforts to minimize it."
