Filed Date: Sept. 15, 2016
Closed Date: March 12, 2018
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This is a case about the application of the First Amendment to burlesque performances. When this lawsuit was filed (in 2016), Idaho had a state regulation (I.C. § 23-614) prohibiting liquor licensees from allowing female nudity or simulated sexual activity regardless of artistic context. In March 2016, undercover officers from the Idaho State Police attended a burlesque performance at Visual Arts Collective (“VAC”), a contemporary fine art gallery and performance venue. The state then initiated administrative proceedings seeking to revoke VAC’s liquor license. In response, VAC agreed to a settlement in the administrative case, including a 20-day suspension and an $8,000 fine.
But on September 15, 2016, the VAC, a performance artist, and Alley Repertory Theater (a nonprofit theatre company) filed suit against three Idaho State Police officers, challenging the constitutionality of § 23-614. Represented by the ACLU, the plaintiffs filed their lawsuit in the U.S. District Court for the District of Idaho, where the case was assigned to District Judge B. Lynn Winmill.
The plaintiffs each alleged that § 23-614 violated their freedom of speech and expression guaranteed by the First Amendment of the U.S. Constitution. The plaintiffs also alleged that § 23-614 was unconstitutionally vague, and that § 23-614 violated the Fourteenth Amendment’s Equal Protection Clause by discriminating on the basis of sex, on the theory that the statute treated nudity by female performers differently than nudity by males. The plaintiffs requested that the court declare § 23-614 unconstitutional and strike it down in its entirety; they also sought attorneys’ fees.
Shortly after filing suit, on September 28, 2016, the parties reached a stipulated agreement, and the court entered a permanent injunction barring the state from enforcing § 23-614 against live theatrical or artistic performances. The court ordered the stay of all further litigation through the end of the 2017 Idaho legislative session, giving the legislature an opportunity to revise the statute in line with constitutional standards.
As part of the stipulated agreement, the state agreed to return the $8,000 fine VAC had paid in the administrative case and to vacate the 20-day suspension from VAC’s license record. In December 2016, the state also paid the plaintiffs $95,000 in attorneys’ fees.
The Idaho Legislature fixed the statute in 2017 and the court subsequently closed the case.
Summary Authors
Gordon Pignato (5/8/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4506153/parties/visual-arts-collective-llc-v-powell/
Durham, Craig (Idaho)
Eppink, Richard Alan (Idaho)
Ferguson, Deborah A (Idaho)
Valkenburgh, Jack Van (Idaho)
Smith, Clay R (Idaho)
See docket on RECAP: https://www.courtlistener.com/docket/4506153/visual-arts-collective-llc-v-powell/
Last updated March 8, 2026, 5:56 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: Sept. 15, 2016
Closing Date: March 12, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An art gallery, a repertory theater, and a performance artist - all implicated by enforcement of an Idaho state liquor regulation prohibiting certain forms of artistic expression.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Idaho State Police
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Procedural Due Process
Other Dockets:
District of Idaho 1:16-cv-00414
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $95,000
Order Duration: 2016 - 2017
Issues
Discrimination Basis:
Affected Sex/Gender(s):
LGBTQ+:
Case Summary of Visual Arts Collective, LLC v. Powell, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45364/ (last updated 5/8/2025).