By Associated Press,
Updated: Wednesday, June 6, 7:48 PM
BOISE, Idaho — Idaho reversed direction in the face of a lawsuit
Wednesday and said it will sell Five Wives Vodka, but the liquor
producer whose label makes an unmistakable reference to polygamy would
not immediately rule out legal action.
The Idaho State Liquor Division rejected as offensive last week the
product that features an antiqued sketch of five women hiking up their
skirts. Idaho is more than 25 percent Mormon and the church at one time
allowed polygamy but abandoned the practice in 1890.
The vodka
originates from Ogden’s Own Distillery in Utah, where the Mormon church
is based. The company said it would sue Idaho on principle if necessary.
Then
on Wednesday George Washington University professor Jonathan Turley in a
letter to Idaho officials and posted on his website said he planned to
sue on behalf of the producer of Five Wives Vodka. He called the ban
unconstitutional and gave the state 10 days to reverse its position.
The state only took hours:
“In a shared desire to avoid unnecessary litigation costs to Ogden’s
Own Distillery and the people of Idaho, today we have informed the
makers of ‘Five Wives’ vodka that we will immediately begin processing
special order requests for both on-premise licensees and retail
consumers,” Anderson said in a statement Wednesday afternoon.
Steve
Conlin, a partner and marketing chief for Ogden’s Own Distillery, said
Wednesday the company’s attorneys would review Idaho’s decision before
making a statement, likely on Thursday.
But he said selling the
vodka as a special order request meant it wouldn’t be available on store
shelves but only as a special order. Bars would face the same hurdle.
“It’s a cumbersome process on special orders,” Conlin said. “But I’m
not saying that it’s not a solution for us at this point. I can’t say
one way or the other right now.”
The company is also apparently
still smarting from comments made by state officials questioning the
quality of Five Wives Vodka as part of the state’s initial decision not
to sell it in Idaho.
Anderson, in a letter to alcohol distribution
company Elite Spirits Distribution owner John Challenger and officials
at Ogden’s Own Distillery informing them of the change in Idaho’s
policy, included an apology that wasn’t a part of his public statement.
“I apologize for comments reported in the media that may have led
consumers to believe ‘Five Wives’ is an inferior vodka product,”
Anderson wrote. A copy of the letter, obtained by The Associated Press,
was also sent to Idaho Deputy Attorney General Tim Davis.
Turley
did not respond to an email Wednesday evening concerning the change in
Idaho’s position and his website had not been updated to reflect the
change either. Earlier he wrote, “Idaho is the only state to raise
religious and social sensibilities as a basis to deny entry to this
product.”
Five Wives Vodka was first sold in Utah in December
2011. Shortly after the ban was announced in Idaho the company started
selling T-shirts with the five women behind bars and the caption “Free
the Five Wives.”
Conlin said the publicity from the ban has been
good for the company but hasn’t boosted sales much because the vodka has
only been available in Utah.