City Watch

Pornhub blocks Utah web traffic, Utahns search for a workaround and an adult film industry group sues Utah after the State’s new age restriction law goes into effect

On May 3, 2023, Utah’s new age verification law went into effect and Utahns visiting Pornhub found they had lost access to the website. Rather than the adult website’s homepage, they were greeted by a message explaining why Pornhub has blocked Utah residents from accessing its content. And… many, many Utahns responded by searching for an immediate workaround to the ban.

PR and marketing service Culture Currents Institute looked at Google Trend data immediately following Pornhub’s ban on Utah users, and it found that Utah’s Google search volume for “VPN” saw a dramatic rise. Virtual Private Networks (VPN) can disguise the users’ location from a website or network and trick it into thinking the user is accessing from somewhere else—in this case, not Utah. 

If you’ve found yourself asking, “If getting around Pornhub’s Utah blackout is as easy as subscribing to a VPN, what is to stop people from using a VPN to get around online age verification all together?” you would not be the first. In fact, the relatively simple circumvention of the age verification requirement is one of the problems raised by critics of the new law, and more websites could follow Pornhub’s example—block Utahns from accessing their sites rather than comply with the new law. 

Where did this law come from? 

This past legislative session, the Utah State Legislature passed S.B. 287, “Online Pornography Viewing Age Requirements.” The law went into effect May 3, 2023, requiring websites with “a substantial portion of material that may be harmful to minors” to verify the age of their users, and makes them legally liable if they don’t. 

Ostensibly, the purpose of S.B. 287 is to prevent minors from consuming material that the State of Utah deems harmful to minors, specifically. As such, The law applies to sites with more than 33% of their content falling under the potentially “harmful to minors” umbrella as a way to prevent people under 18 years old from viewing those sites. 

Which materials are harmful to minors, as defined by Utah law?

• Material that the “average person, applying contemporary community standards,” would find is designed to appeal to “the prurient interest”
• Material that depicts nudity, sexual acts, etc. “in a manner patently offensive with respect to minors”

That definition has already raised the potential for thorny legal predicaments following its application toward banning books from Utah school libraries. 

When it comes to verifying users’ ages, websites have a few options for methods of verification, as detailed by the law. It’s not as easy as having users fill out a birthdate:

• A digitized information card 
• An independent, third-party age verification service that checks the users’ information against a “commercially available database”
• Any method that relies on checking user info against commercially available “public or private transactional data”

Critics of the law have pointed out that the definitions and prescribed methods for age verification are vague and could infringe on users’ privacy and put the security of their private information at risk. Alison Boden, Executive Director of The Free Speech Coalition (FSC), the trade group for the adult entertainment industry, says in an open letter to the sponsor of S.B. 287, “The law is so vague—and the requirements for compliance so contradictory—I cannot figure out how FSC members can follow this law.” The FSC has also set up a site where its members can redirect Utah users, if they, like Pornhub, decide to block Utah web traffic. So, more Utah-specific online blackouts could be coming. 

Why did Pornhub block Utah?

For Utahns trying to access Pornhub, a video message from Cherie DeVille, a member of the Adult Performer Advocacy Committee, replaces the usual home page. DeVille explains, “While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and, in fact, will put children and your privacy at risk.” And, it seems like users would have to verify their age every time they want to use the site because the new law also forbids sites like Pornhub from retaining personal info acquired through age verification.

Future online blackouts might not be limited to sites with “adult” content. Another new Utah law, S.B. 152, requires that social media platforms both verify the age of all users and get parental consent before allowing access to minors. This law, too, could mean that social media sites will need age-verification systems that use government IDs.

Unlike other states who have passed similar age verification laws, critics say Utah lacks a form of digitized ID, despite it being mentioned in the law as a potential method of age verification. While the State of Utah has a Mobile ID app that Utahns have the option to opt into, the electronic ID is set up to use in-person at some credit unions, the Salt Lake International Airport and some DABS Liquor Stores, but Utah’s digital ID program does not appear to be equipped for online age verification at the moment. In a message to its members, FSC explains, “Unfortunately, the Utah legislation does not provide a straightforward way to comply…And the other compliance methods required by the legislation don’t align with the current offerings from most if not all AVS (age verification service) providers.”

Pornhub and FSC are pushing for device-based verification and restrictions, rather than sweeping age verifications. “In 1997, the Supreme Court ruled that age-verification requirements like the one instituted in Utah are unconstitutional so long as other less intrusive methods—such as device-level internet filters—are available,” says FSC on its website. The FSC points to a Pew Research study that shows those digital tools are underutilized by parents, even though they are widely available. The study found that only 39% of parents report using parental controls for blocking, filtering or monitoring their teen’s online activities. 

“We believe that the best and most effective solution for protecting children and adults alike is to identify users by their device and allow access to age-restricted materials and websites based on that identification,” says Pornhub’s message to Utah users. “Until a real solution is offered, we have made the difficult decision to completely disable access to our website in Utah.”

Meanwhile…The adult film industry sues Utah

FSC has outlined the compliance issues it has with Utah’s new age verification law, but, in the lawsuit they filed against the State, the FSC focuses first on the First Amendment. “The Utah law restricts adults’ access to legal speech and violates decades of Supreme Court precedent,” says Boden. “We are fighting not only for the rights of our members and the larger adult entertainment community but for the right of all Americans to access constitutionally-protected expression in the privacy of their own home.”

The legal complaint against Utah says the law violates the First Amendment in a number of ways:

• Imposing a content-based restriction on protected speech, which, the complaint argues, doesn’t actually accomplish its stated purpose of protecting minors who can easily obtain “harmful materials” in other ways
• Compelling providers of online content to place an age-verification content wall over their entire websites unconstitutionally labels them as “adult businesses” 
• Requiring an approval method as a condition to providing protected expression is a prior restraint on speech

The filing seeks to have the courts pause any enforcement of the law while the plaintiffs continue legal proceedings to have the law deemed unconstitutional.

“We wrote to Utah during the legislative process raising these issues and asking for a dialogue around workable solutions, but were ignored,” says Boden. “Adult websites don’t want children accessing their content any more than the State of Utah does. But the solutions put forward in S.B. 287 put an unreasonable burden on free expression that we believe are meant to have a chilling effect for all Utahns.”

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Ribbon cutting ceremony for The Aster, a new mixed-use development in Downtown Salt Lake City

Danny Walz, Director of the Redevelopment Agency (RDA) of Salt Lake City, became emotional as he spoke to the crowd at the ribbon-cutting event for The Aster in downtown Salt Lake City on Tuesday. The mixed-use buildings and the land they stand on have a circuitous and storied development history to match the towering eight stories overlooking State Street at 255 South.

“This project is a story of redemption. Anyone who has been around long enough knows this was an abandoned six-story structure covered in graffiti for a number of years,” said Walz. He chokes up. “So, this is pretty cool.” What replaces that rusted iron and concrete skeleton are three buildings: two mixed-use towers with apartments and retail space, separated by a “paseo” (a mid-block walkway from State Street to Floral Street), and the restored Cramer House—originally built as a flower shop in 1890. 

It’s no secret that Utah is in the midst of a housing affordability crisis, and the need for many is dire. Although the ribbon on The Aster was just cut, a majority of the units in The Aster set aside for people earning well below the area median income (AMI) are already spoken for, according to an on-site member of the property management company EMG. 

One of the new residents, Stephanie Ramirez, spoke to the crowd at the ribbon-cutting ceremony with her young son in her arms. She said she recently made some decisions to improve her life that led to both her becoming a single mother and not having a place to live. “I am trying to do better and to be better and to break generational curses,” she said, and having an affordable place to live at The Aster, she believes, has helped her on that journey. 

Unfortunately, the opportunities for affordable housing are few and far between, in part because the need is so great. More than 70% of Utahns are priced out of the housing market—unable to afford a median-priced home—according to a recent analysis by the Kem C. Gardner Policy Institute. 

“There is such a sense of relief,” said Salt Lake City Mayor Erin Mendenhall at the ribbon-cutting. “There has never been a project quite like this.”

More than a decade ago, the acre lot was already home to buildings of affordable housing units—50 or so single occupancy units in the Regis and Cambridge Hotels. The facilities were demolished to make way for more housing units and shops. The development ultimately fell through after construction began—leaving the unfinished building to rust for years—and the project lender foreclosed on the property. The RDA bought the property back at auction in October 2017 for $4 million. Thus began the latest attempt to revitalize the area and bring much-needed affordable housing to downtown Salt Lake City. 

RDA of Salt Lake City selected Brinshore Development in 2018 to build affordable housing on the property, which would become The Aster. Attaining funding for the project, however, was no simple feat. At the final count, the project needed 12 sources of funding to cross the finish line. The fact that it was able to come together, but also that it was a herculean task, presented as bittersweet at the buildings’ opening.

“I want to highlight how difficult it has been to get resources to provide affordable housing because it doesn’t happen naturally,” said Wayne Niederhauser, the State Homeless Coordinator. “I’m a real estate developer turned social worker, so I know what it takes to make a project work. But 12 funding sources is too complex. We would have more affordable housing if we could simplify that.” 

Michael Gallegos, Director of Housing and Community Development for Salt Lake County repeated the sentiment, “That many sources of local funds are often missed in these affordable housing projects. How can we make this easier? I’d like to pursue that. We’d appreciate the opportunity.” 

The sources of funding for the project include: $14.5 million in RDA financial assistance and other public financing came from the Utah Housing Corporation (4% and 9% Low-Income Housing Tax Credits), tax-exempt bonds, the Olene Walker Housing Loan Fund, state housing tax credits, Salt Lake City’s Division of Housing Stability and Salt Lake County. Architecture and construction partners on the project include KTGY Architecture + Planning and Wadman Corporation.

“This is a flagship redevelopment project for Salt Lake City, as its mix of uses it will provide are unparalleled,” said Mayor Mendenhall. “The Aster’s sheer number of affordable units—including those large enough for families—combined with its creative 3-building layout, block-activating commercial storefronts and public spaces and access points make it like nothing else in Downtown, the City, County or even State.”   

The Aster project boasts:

• 18,000 square feet of commercial space (at least some of which appears to be available at the time of this reporting)
• 190 residential units
• 168 of those units are designated as deed-restricted to households making 20-80% of the area median income (AMI), over half of those units are set aside for residents making 50% AMI or below, and those units range from studio to 4-bedroom apartments (the remaining units are leased at full market value)
• Dog wash bays
• Community room
• Rooftop patio

The once-flower shop will be the future home of a bar concept from Water Witch. As for that what that will entail, we will have to wait and see. But, rest assured, it will be delicious.

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On a rainy afternoon in Salt Lake City, most people aren’t thinking about the state of Utah’s court system, the role judges play in that system or how diversity on a bench improves the decision-making process. No, most people are probably thinking about how the rain is going to turn I-15 into a parking lot during the afternoon commute. But, in an intimate dining room in downtown Salt Lake City, dozens gathered to hear the three women currently sitting on the Utah Supreme Court share their thoughts on the former. 

Judge Gregory Orme, who sits on the Utah Court of Appeals, moderated the event held at the Alta Club on Tuesday, which hosts regular “City Club Encounters” as an opportunity for its members to hear from not just the Justices, but local leaders like Utah Governor Spencer Cox and Mayor Erin Mendenhall. Judge Orme, who is also a club member, kicked off the Justices’ presentation with some context: there have been only 50 sitting justices in the history of the Utah Supreme Court; of those 50, five have been women; of those five women, “three are in this room.”

Diversity on the bench

It follows that one of the first questions asked of Justice Paige Petersen, Justice Diana Hagen and Justice Jill Pohlman was about diversity on the bench—does making a diverse bench (gender, race, background, etc.) enrich the courts’ decision making process?

“Yes,” says Justice Hagen without hesitation. “The questions you ask and the way you approach argument and analysis…have a lot to do with what your background is.” And, it stands to reason, if all of the judges on a bench have the same background, the questions will be much the same and the less “push back” and fewer “holes” can be poked in one another’s arguments and analysis. Even having a diversity of experience is helpful, if one member of the bench has a civil law background and another a criminal law background, for instance. “The more complex a legal issue, the more minds you want to bring to bear on the issue,” says Justice Hagen. 

That said, Justice Hagen recognized that the Utah Bar is not terribly diverse. The population of Utah’s law schools is, but many of those studying the law are not staying and practicing it in Utah. It’s something, she says, the Bar is trying to change—to let those law students know that there is a place for them in Utah to practice. 

Partisan politics in the courts

All three justices are adamant about what the role of judges is and what it is not. And, it is not to play partisan politics—something that might be hard to swallow, given the divisive political climate and actions and words of judges, either elected or appointed, across the nation. In the Justices’ confirmation hearings in the Utah State Senate, they say they had to remind legislators (even the ones who were attorneys) that “we are not political idealogues.”

Justice Pohlman remembers one legislator became particularly frustrated when “I wouldn’t tell him what I thought on a certain political matter.” She says, “I have views…but my personal views don’t matter. It was very hard for him to accept that I take my oath seriously.”

Justice Petersen explains, “We don’t always like the results of cases. But we are supposed to apply the law fairly…and consistently. We have to always apply the law the same.”

But, according to the Utah Courts, a new law passed during the last legislative session and signed by the governor, could put the courts’ fairness—and lack of political partisanship—at risk. Part of what makes Utah’s court system great, the Justices explain, is its merit-based judicial selection process. It works like this: Judges apply for openings on a bench, the judicial nominating commission in that judicial district conducts interviews and makes five–seven (depending on the court) recommendations to the Governor, the Governor nominates who they think is best for the job and the Utah State Senate confirms the nomination. 

Up until recently (before the new law) the requirements for a judicial nominating commission were:

• Each commissioner must be a U.S. citizen, a resident of Utah and a resident of the judicial district it is representing. 
• Commissioners may not be a member of the Legislature.
• No more than four commissioners may be from the same political party. 
• The Governor must appoint two commissioners from a list of nominees provided by the Utah State Bar. However, the Governor may not appoint more than four persons who are members of the Utah State Bar.

Before the new law, the Judicial Council also chose an eighth member of the commission to give feedback or guidance but not vote on recommendations. Those requirements serve as “guardrails” to prevent partisan judges and politics in the courtroom that we might see in other states on the news—for many, the recent judicial election in Michigan might come to mind. (“If I had to be elected as a judge, I never would have been a judge,” says Justice Pohlman.) 

Now, with the new law in place, those requirements for judicial nominating commissions—those “guardrails”—are gone. The Utah Bar also opposed the bill, saying it consolidates “all power to appoint nominating commissions in the Governor” and calling it “in contravention of established best practices.” 

Still, the fact remains that Utah’s Constitution states, “Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political consideration.” And that gives the Justices some hope. 

“In Utah, we try to keep our judiciary out of politics,” says Justice Petersen. “I’m hopeful that they’ll continue to make the selection of judges based on merit.”

An ethical judiciary

Another big news headline involving the judiciary—in this case, the nation’s highest court—directed conversation on Tuesday. Supreme Court Justice Clarence Thomas is under scrutiny for possibly breaking the law when he did not disclose high-value gifts—including yearly luxury trips on a private jet and superyacht and purchasing a home for his mother-in-law—from GOP mega-donor Harlan Crow.

Unlike the U.S. Supreme Court, the justices on the Utah Supreme Court have a judicial code of ethics to which they adhere. “Accidentally violating one of those rules is the stuff of nightmares,” says Justice Petersen. While the code allows for the acceptance of gifts in some circumstances, “We all err on the side of not getting close to the line,” says  Petersen.

Meet the Justices of the Utah Supreme Court

Justice Paige Petersen

Justice Paige Petersen was appointed to the Utah Supreme court in December 2017 by Governor Gary Herbert. Before joining the Supreme Court, she was a district court judge in the Third Judicial District, which serves Salt Lake, Summit, and Tooele counties. Justice Petersen graduated summa cum laude from the University of Utah in 1995, after first obtaining an associate’s degree from the College of Eastern Utah in Price. She received her law degree from Yale Law School in 1999. Petersen then prosecuted war crimes at the International Criminal Tribunal for the Former Yugoslavia in The Hague, Netherlands, where she was a member of the trial team responsible for successfully prosecuting the former Serbian Chief of Police for ethnic cleansing and mass murder in Kosovo. She then returned to Utah and joined the U.S. Attorney’s Office in Salt Lake City, where she prosecuted violent crimes for three years before taking the bench.

Justice Petersen says of her time as a court judge, “I had no idea how hard it was to be a judge before that.” (That came after her time prosecuting on a war crime tribunal at The Hague.) She says her journey to the bench can be tracked through her hairstyle, which had to be “toned down” from the big ‘80s hair she rocked in rural Price, Utah when she went to the U of U and yet again at Yale Law School. 

Justice Diana Hagen

Justice Diana Hagen was appointed to the Utah Supreme Court in March 2022 by Governor Spencer J. Cox. Prior to her appointment, Justice Hagen served on the Utah Court of Appeals for nearly five years. She received her law degree Order of the Coif from the University of Utah S.J. Quinney College of Law in 1998, where she was a member of the National Moot Court Team and the Utah Law review editorial board.  She has been recognized with a Utah Philanthropy Day Heart & Hands Award in 2014 for her volunteer work with Girl Scouts of Utah, was named the S.J. Quinney College of Laws 2015 Alumna of the Year, and received the FBA Utah Chapters Distinguished Service Award in 2017. Justice Hagen currently chairs the Judicial Branch Education Committee and serves as the appellate judge designee for the Utah Sentencing Commission.

Justice Hagen says she “applied for the appellate court eight times” before she got the job. Before that, she was recommended for a job in the U.S. Attorney’s Office because “you can write, and I know you can argue.”

Justice Jill Pohlman

Justice Jill M. Pohlman was appointed to the Utah Supreme Court in June 2022 by Governor Spencer J. Cox. At the time, she was serving as Associate Presiding Judge on the Utah Court of Appeals. Judge Pohlman graduated Magna Cum Laude from the University of Utah in 1993 and received her Juris Doctorate from the S.J. Quinney College of Law at the University of Utah in 1996, where she served on the Utah Law Review and graduated Order of the Coif.  Justice Pohlman currently sits on the Judicial Councils Committee on Judicial Outreach and has previously served on several committees, including the Utah Supreme Courts Advisory Committee on the Rules of Appellate Procedure, the Utah Supreme Courts Ethics and Discipline Committee, and the Utah Supreme Court’s Diversion Committee.

Justice Pohlman says, by 4th grade “I knew I was going to be a lawyer, and I knew I was going to be a judge.” By 6th grade, she was making the other kids in her class “play The People’s Court during recess.”

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On Monday, Salt Lake City Mayor Mendenhall showed off two huge debris basins to make a point about the city’s flood preparedness. From the basins, long-arm tractors can haul out fallen trees, large boulders and other debris to clear obstructed waterways and mitigate flooding. They were installed after the great Salt Lake City flood of 1983, when Utah’s snowfall looked much like it does now. It goes to show, the Mayor says, that without a doubt Salt Lake City is much better prepared for this year’s record snowfall than it was in 1983. The flood risk extends further than Salt Lake County, of course—the Governor declared April as “Flood Safety Month” to encourage all Utahns to be prepared for flooding and other natural disasters—but why is Utah flooding on the top of mind?

Utah flooding causes

To start, we’ve had record snowfall. By late March, the 2022–23 winter season was breaking records on a few levels. Brighton crossed over the 700-inch mark of annual snowfall for the season—a “once in a decade event.” According to Ski Utah, this is the earliest in the season that this has occurred since Utah began recording snowfall in 1943. By April, Alta Ski Area hit the 800-inch inch mark. As of Monday, Alta’s year-to-date snowfall was 877 inches.

This winter is breaking records for snowpack as well. The previous record of 26 inches of snow water equivalent (SWE)—which estimates the amount of water it would be if it melted—was set in 1983. At last check, we are sitting at 29.6 inches, according to the Utah Division of Water Resources.  

SLCDPU Hydrologist John Wells measures the water content of the snowpack at Alta. He has to use an additional tube set and some extra elbow grease because of the unprecedented snowpack!#hydrologist #hydrology #alta #snowpack #snowfall #snow #Wasatch #snowtime #snowmeasurement pic.twitter.com/pgJf6OVRA7

— SLC Department of Public Utilities (@SLCPU) April 5, 2023

Utah gets approximately 95% of our water from snowpack. Reservoirs store the water from snowpack and runoff to get us through dry years. And we have had a lot of dry years. The American West is experiencing the worst drought in 1,200 years. That extended drought has depleted reservoirs and, along with human water usage, lowered the Great Salt Lake’s water to precariously low levels. While the record-breaking amounts of snow will help recharge reservoirs and restore the Great Salt Lake, it will take multiple years of above-average snowpack and precipitation to reverse the impact of drought.

One thing that won’t take much time at all, after all of this snow, is flooding from the subsequent spring runoff. Temperatures reached 70 degrees in Salt Lake County on Monday, with temperatures of 10 degrees higher than the seasonal average in the forecast for much of Utah, according to the Salt Lake City National Weather Service. Utah flooding happens when conditions (like unseasonably high temperatures) lead to rapid snow melt and rivers, streams and other water channels become overwhelmed.

Infrastructure improvements since 1983

During the 1983 spring runoff, the storm drain carrying City Creek flows in North Temple became clogged with debris that extended four city blocks. Since then, there’s been the addition of debris basins along City Creek so crews can remove debris before it becomes a problem.

“We’ve made significant infrastructure investments since the floods of 1983 that make us more prepared this time around. We know this is a big concern for our residents and we’re taking it seriously in our planning and preparation,” Mayor Mendenhall says. “From a robust storm water system, to debris basins and the addition of Little Dell reservoir, Salt Lake City and our flood control partners, including Salt Lake County, have been preparing for decades to ensure the best possible outcomes for our residents in high snowpack years.” 

Other system improvements include grate improvements in Memory Grove to prevent potential backups,  piped drainage system improvements to allow for better conveyance of spring runoff and Little Dell Reservoir (constructed between 1987 and 1993) as a flood control and water storage facility.

Flood preparedness

Flood zone risk mapping

While we can’t know with 100% certainty when and where flooding will occur, FEMA maps areas to show their potential risk for flooding. You can go to the FEMA Flood Map Service Center and enter your address to show the possible risk of flooding in your area. 

Sandbags

Salt Lake County representatives say they have been receiving a lot of questions about where to get sandbags. Residents can fill and pick up free sandbags at locations listed on their website: Salt Lake County sandbag locations. The county says that some locations will be checking IDs to verify residency. 

Utah flooding risk mitigation 

There are a lot of things residents can do to prepare their homes and mitigate flooding and flood damage. However, many of those things take time to build, retrofit or install. As far as what you can do now to prepare:

• Clear gutters and drains of any blockages or debris and keep debris away from steams.
• Sign-up for, if necessary, and keep up-to-date on disaster warnings, local emergency alerts and information. Most communities have an emergency alert system (through cell phone, email or landline) that you can opt into, such as Salt Lake City Emergency Management. FEMA’s Wireless Emergency Alerts are location-based and do not require a subscription. 
• Make a plan for your household, including your pets, so that you and your family know what to do, where to go, and what you will need to protect yourselves from flooding.
•  Learn and practice evacuation routes, shelter plans and flash flood response. 
• Gather supplies, including non-perishable foods, cleaning supplies and water for several days, in case you must leave immediately or if services are cut off in your area.
• If you’re a Utah State employee, Governor Cox announced that he approved eight hours of administrative leave for all Utah State employees to assist with flood mitigation.
• In general, keep clear of spring runoff. Many county parks and trails are designed to be detention basins, so don’t be alarmed if you see more water than usual. Runoff can move suddenly so don’t drive or wade through it and keep kids and pets out of the water.
• Additional flood information is available at beready.utah.gov and floodfacts.utah.gov. 

Looking to help?

Salt Lake County Emergency Management has a form that allows people to register to volunteer. SLCoEM uses the list of registrants to connect volunteers with events where the help is needed. When an event arises, they will email information to the volunteers who most closely meet the need. 

Southern Utah Flooding

It bears mentioning that some of our favorite outdoor recreational spots have a higher risk for flash flooding during spring runoff. Already, in Kane County, at Buckskin Gulch, flash flooding killed two hikers in the narrow canyon back in March. What draws hikers to Buckskin Gulch—winding through 16 miles through one of the longest slot canyons in the world—is also what makes it particularly dangerous during a flash flood.

A few days later, Washington County Search and Rescue rescued six people, including three children, from Johnson Canyon Trail who had become stranded on the far side of a wash after a flash flood turned that wash into a full-blown raging river.

On the bright side, the the spring runoff has given life to the Dirty Devil for river runners and returned waterfalls (and the crowds) to Gunlock State Park.

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Sunday afternoon at the ballpark is not unique to Utah. Baseball, after all, is America’s pastime. But we do, in fact, have Sundays and we do have a ballpark. Smith’s Ballpark, the Home of the Salt Lake Bees (for now). And what a park it is, situated perfectly to frame the towering Wasatch Range. There is no better place to be on a Salt Lake City Sunday afternoon soaking up the sun on the first base line, idly watching the boys of summer chase their major league dreams. 

For obvious, Utah-specific reasons,  attendance is low on Sundays and it feels decadent, almost Roman to while away the day in the half-full stands. The Bees are the AAA affiliate of the redundantly named Los Angeles Angels. For these players and the visiting opponents, every play counts. They live and die on each swing of the bat praying to be noticed by the Angels above and called up to heaven—the major leagues, the show. We watch like Caesars on a lazy Sunday afternoon in the Coliseum. With a beer. There’s even a chariot race: the Smith’s Produce Run, a mid-inning promotional sprint around the warning track with costumes—carrot, tomato, eggplant, corn and a banana. We cheer for one of the veggies to go down in the final stretch—one nearly always does. 

Above the drama on the field (real or ridiculous), we daydream and raise our eyes to the mountains to push away a looming Monday. We consider another beer…hmm… maybe a hot dog? 

But Mordor’s Eye is fixed on Rivendell. Baring heavenly intercession, in two years, our Bees will move south and no longer be Salt Lake’s Bees. There has been a ballpark on this spot since 1928 and its final iteration—our beautiful ballpark, the namesake of the “Ballpark District”—will come down. We’re told it will become something else. What that “something else” is no one can say exactly. But we are assured that Salt Lake City’s Sunday afternoons in the ballpark will disappear and one more of the lovely, ephemeral, intangible things that make this place our place will be gone. 

Still, there is at least one more summer (hopefully, two) for us—the fans in the stands, the boys on the field, the carrot, the tomato, the eggplant, the corn and the banana—to spend lazy Sunday afternoons. 

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Before the Bees Stadium disappears, the ballpark is hosting one last anniversary celebration of beloved film Sandlot. Learn all about the festivities, and see where the cast is now 30 years later.

Two weeks ago, Utah Governor Spencer Cox signed two bills into law that would restrict minors’ access to social media. As the first state in the country to enact such a restrictive law, many wonder if other states might follow suit in an effort to protect youth from ‘predatory’ social media companies. Many more, however, are left wondering exactly how and who will be monitoring minors’ use of media, who have proved time and time again that age restrictions are no barrier to their media access.

Collectively known as the Social Media Regulation Act, the two bills will limit minors’ access to social media between the hours of 10:30 p.m. to 6:30 a.m. and require a parent’s express consent in order to sign up for apps like Twitter, Instagram and TikTok. The bills, set to take effect on March 1, 2024, require social media companies to verify the age of Utah residents and obtain the consent of a parent or guardian if said resident is under the age of 18. The intense scrutiny on underage users doesn’t end once they create an account, the bill also requires social media companies to provide parents with administrative access to users’ direct messages and interactions. Basically, parents would have unfettered access to their children’s virtual diaries. 

Additionally, the Social Media Regulation Act points directly to social media companies to alter the design and function of their apps. H.B. 311 prohibits companies from applying features that “causes a minor to have an addiction to the company’s social media platform.” While the bill fails to specifically address the functions that would contribute to a user’s obsession with a platform, it does point to the social media companies to perform regular audits of their practices to determine if the company complies with the regulations. The bill also establishes a civil penalty of $250,000 for each case of addiction-inducing design that a platform exposes to a minor. The subsection even goes so far as to provide minors with an avenue to seek reparations for any damages, financial, physical or emotional, suffered after March 1, 2024. If found to be a direct consequence of social media use, any damages suffered by a minor could result in a $2,500 reward. 

Gov. Cox himself said in a press conference last Sunday that the bill won’t be foolproof. “Kids are really smart,” he said. “We don’t expect that we’re going to be able to prevent every young person from getting around this.” Around the country, advocacy groups and health professionals are debating the potential drawbacks and benefits of the bill. Some point to the notion that unfettered access to the internet has allowed kids to form communities they otherwise wouldn’t have found, especially in the case of queer and at-risk youth. Others cite recent studies that show the increase of teen depression amongst the Gen-Z and Alpha generations. At the federal level, lawmakers are beginning to crack down on media giants like TikTok and states around the country are proposing similar bans. 

Who’s Enforcing the Social Media Regulation Act?

Proponents of the law point to the relationship between mental health and social media, arguing that modern youth are much more likely to become depressed or even suicidal due to heightened exposure to the internet. While minors could likely benefit from moderating their social media use, it’s unclear what party should be charged with that responsibility. S.B. 152 and H.B. 311 mainly point to social media companies to ascertain the age of users, which could require kids, their parents and other users to upload birth certificates, government IDs or use facial recognition technology—ultimately giving apps access to sensitive information like biometric data. 

While some argue the new bill puts the responsibility in the hands of parents to decide what their child does and doesn’t see, others argue that the role of parenting is being handed over to the media companies themselves. By altering functions of apps to denote which advertisements and content minors do or don’t see, social media companies will not only be censoring content but interfering with kids’ right to internet privacy. 

When it comes to enforcing the law, Utah Gov. Spencer Cox says the state’s Department of Commerce would oversee the regulations and would work with social media companies through the coming year during the rule-making process. Cox understands the transition will be difficult, and already anticipates legal challenges by tech lobbyists and other parties but is “very confident” the state will successfully defend the new bill.

More Social Media Bans 

Texas

Proposed last December by a North Texas representative, H.B. 896 would prevent all Texans under the age of 18 from using social media, period. If passed, social media giants would be charged with verifying the age of account holders by uploading their driver’s licenses. 

California

Currently being decided in the California session, S.B.l 287 targets specific app designs and functions that influence minors to harm themselves and others. Ads or content targeted to children that leads to eating disorders, suicide or the purchase of fentanyl and illegal firearms, would result in a $250,000 fine for companies like TikTok and Meta. 

Connecticut

Lawmakers in Connecticut are once again trying to pass HB 5025, originally introduced in 2022, which would require parental consent for minors under 16 to sign up for media accounts.

Ohio

In Ohio, the Social Media Parental Notification Act would require social media companies to create their own method in which parents would give children under 16 consent to sign up. This could include written consent forms, toll-free phone calls, video conferences with social media personnel, or checking government-issued identification. 

Arkansas

Similar to Utah’s law, Arkansas lawmakers have introduced the Social Media Safety Act, which would ban all users under 18 from using social media unless expressly authorized by a parent.

Louisiana
Under a proposed Louisiana law, minors 16 and under would have to secure consent from parents to access apps like TikTok and Instagram. The bill also calls for media companies to utilize ‘black-out’ periods from 10:30 p.m. to 6:30 a.m. For parents who believe their child was harmed by certain social media functions, the bill provides a pathway to sue companies.

New Jersey

New Jersey lawmakers are cracking down on media giants whose apps utilize ‘habit-forming features’ such as auto-scroll, notifications and rewards for time spent on the app. Bill A5069 prohibits companies from enabling features for users of all ages, or face up to $250,000 in fines. 

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From the beginning, Utah women and families have been at the forefront of sharing their personal lives online. Learn why so many influencers and bloggers are from Utah.

In 2018, the murder of a student-athlete at the University of Utah dominated the news, locally and nationally. As more of the circumstances surrounding her death came to light—her unheeded pleas for help, police misconduct, the final phone call with her parents—the more Lauren McCluskey’s death gripped our attention. The question that dominated minds and headlines: how could this happen? Now a new, upcoming documentary could provide some more answers. The ESPN investigative documentary, LISTEN, will examine the events that led to Lauren McCluskey’s death, the institutional failures and her parents’ quest for answers.

Lauren McCluskey’s murder by Melvin Rowland continues to influence policy and discussions about campus safety (After her death, her parents established the Lauren McCluskey Foundation in part to support campus safety.) because, as documented in LISTEN, “the people and the institutions responsible for protecting her failed at every turn,” according to an ESPN press release. 

RELATED STORIES: LAUREN MCCLUSKEY: THE TRAGIC AND UNNECESSARY TALE, FIVE CASES OF UTAH CRIME THAT SHOCKED THE BEEHIVE STATE

The ESPN documentary will take a look at the allegations of University of Utah Police misconduct, ensuing state legislation, the lawsuit against the University of Utah that resulted in a $13.5 million settlement for the McCluskey family, and continual institutional issues. 

The documentary is set to run 90 minutes and includes new reporting by ESPN journalists T.J. Quinn and Nicole Noren, revelations and interviews, as well as “never-before-seen surveillance video, police and dispatch recordings, previously unreleased video and audio interviews from the homicide investigation and phone recordings.” Quinn and Noren are also expected to give insight into their ongoing battles to obtain records from the University of Utah. ESPN is billing LISTEN as “part true crime and part accountability journalism.”

In addition to interviews with Lauren’s parents, Jill and Matt McCluskey, the documentary features numerous people connected to the case speaking publicly about it for the first time, including:

• Sean Reyes—Utah Attorney General
• Miguel Deras—former campus police officer
• Paul Amann–Former Utah Asst. Attorney General, who prosecuted Rowland for two sex crimes
• Megan Thomson—Rowland’s parole agent
• A woman who dated Rowland

Other interviews in the documentary include:

• Two of Lauren McCluskey’s closest friends
• Courtney Tanner–Salt Lake Tribune lead reporter on the story
• Todd Reed–former KTVX/ABC4 (Salt Lake City) news director
• Diamond Jackson–Lauren McCluskey’s university housing adviser

LISTEN debuts Tuesday, March 28, 7 p.m. ET on ESPN+ and ESPN+ on Hulu. A special two-hour episode of 20/20 “Running Out of Time,” based on ESPN’s Investigation and anchored by David Muir., airs Friday, March 31, at 9 p.m ET on ABC. In addition to the documentary, ESPN says Lauren McCluskey’s story will be explored in an Outside the Lines segment in a future noon ET edition of SportsCenter and in a future episode of the ESPN Daily Podcast.

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On Thursday, Southern Utah University announced that apostle of the Church of Jesus Christ of Latter-day Saints Jeffrey R. Holland would be the keynote speaker of the university’s upcoming commencement ceremony. The member of LDS leadership made headlines in 2021 for comments he made concerning LGBTQ+ students in a speech at BYU. Within hours, the university released a follow-up statement on social media to address a torrent criticism of the choice, and a LGBTQ+ SUU student club has started a Change.org petition to remove Holland as the SUU commencement keynote speaker. As of Friday morning, that petition has about 5,000 signatures.  

The SUU Pride and Equality Club (SUU PAEC) released a statement Friday morning, saying:

“We feel that the actions made by the selecting committee were inadequate in representing the student body. Choosing Jeffrey R. Holland to speak at commencement actively endorses efforts to marginalize the LGBTQ+ community. We feel that allowing him the opportunity to speak at commencement would not be conducive to SUU’s mission statement of Diversity, Equity, and Inclusion. Graduating students should be allowed to celebrate their achievements and remain comfortable in the spaces allocated to them. Due to these beliefs we are calling for the removal of Jeffery R. Holland as the commencement speaker.”

Southern Utah University responded with the following statement Friday afternoon:

“Southern Utah University acknowledges the feelings of fear, anger and disappointment this announcement has caused to some of our campus community. The University is listening and committed to building systems and practices that help us encompass our different identities through respect and empathy. We encourage dialogue at every level and are reviewing the feedback that has been shared.”

The controversy of Holland as a choice as speaker at SUU stems from a speech Holland gave in 2021 at Brigham Young University in which he rebuked the 2019 political science valedictorian, Matt Easton, for coming out publicly as gay in his speech. (BYU’s Social Science Department approved the speech in its entirety beforehand.) Holland lamented, “If a student commandeers a graduation podium intended to represent everyone getting diplomas in order to announce his personal sexual orientation, what might another speaker feel free to announce the next year until eventually, anything goes?” He also quoted a speech from fellow LDS apostle Dallin H. Oaks to encourage members of BYU’s faculty to show more “musket fire” when defending the LDS faith’s current views on sexuality and marriage. 

In the speaker announcement, SUU president Mindy Benson says, “Elder Holland’s Southern Utah roots and dedication to education and learning are timely as we wrap up our 125th anniversary year. His address will offer inspiration to our graduates to embrace lifelong learning and give back to their communities as they leave SUU and continue to build their lives.”

Critics of SUU’s decision to bring Holland in as a keynote speaker suggested the choice was at odds with SUU’s mission. The university’s Center for Diversity and Inclusion mission states it is “committed to advocating for our lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) students, staff, and community members. We believe in creating an environment where sexual and gender diversity is respected and celebrated. As a Center, we resist any actions contrary to the health and success of our LGBTQIA+ communities.”

The announcement has garnered hundreds of comments on social media. In response, the official SUU instagram commented: “Elder Jeffrey R. Holland was invited to speak at commencement because of his Southern Utah roots and his experience in leadership and dedication to higher education. We have had many religious representatives address our graduating classes in the past, including Reverend France Davis and Rabbi Shmuley Boteach. We understand that there are graduating students from a variety of backgrounds and identities, and expect that Holland’s address will connect and inspire attendees to be life-long learners, despite religious or other differences among the audience.”

On her resumé, current SUU president Mindy Benson lists that she “promoted LGBTQIA+Allies through events, discussion and new initiatives,” including helping students found the first Pride Club and Gender Blender at SUU. Now, one of the university’s LGBTQ+ clubs is protesting the university’s choice of keynote speaker under her leadership. 

The SUU Pride and Equality Club’s (SUU PAEC) stated mission is “to provide education and awareness on Queer issues, encourage positive change within our community, and provide service within our organization, on campus, and throughout the community.” The SUU PAEC linked the Change.org petition, started by club president Garn Hughes, on their instagram following the keynote speaker announcement.

Southern Utah University’s 2023 Commencement ceremony is scheduled for Friday, April 28, 2023.

This story will be updated as it evolves.

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A bank has failed. Scratch that. Two banks have failed (RIP Signature Bank, too, but no one seems to care as much about that). The collapse of Silicon Valley Bank (SVB) represents the second largest bank failure in U.S. history. As anxiety over the banking system spread over the weekend, some people rushed to their regional banks to pull out their cash while others sat at home on Twitter and almost wished they had cash to pull out. Federal and State officials took phone calls late into the night, scrambling for solutions, while reassuring their friends in the tech and banking industries that they would not let this “contagion” spread to their businesses (or their own investment firms). 

“It was a very intense 48-plus hours for everyone who was involved,” says Utah Governor Spencer Cox at a Silicon Slopes town hall on Monday. “Especially those whose deposits were at risk.” Earlier Cox had tweeted, “We recognize the serious impact this [SVB collapse] has on many Utah firms with significant assets at risk. We will push regulators and federal partners to work quickly for stability, certainty and solutions.”

If it was anything like the last time (2008 was not so long ago for us millennials), we all knew what to expect: golden parachutes for executives, government bailouts for the banks “too big to fail,” and a lot of little people left to suffer and fight over scraps in the fallout. But it was different this time. The “contagion” did not spread, as far as we can tell. At least, that’s what all of our elected officials keep saying. 

Silicon Valley Bank’s shareholders and executives lose it all, as they should. Depositors in good faith, however, should recover and have access to their deposits in order to meet their payrolls, pay their suppliers, and to prevent contagion.

— Mitt Romney (@MittRomney) March 11, 2023

“The people at Silicon Slopes and across our state had a big impact on the Fed and the FDIC and the administration making the right decision,” says Utah Senator Mitt Romney at the Silicon Slopes town hall. That “right decision” is the Federal Government covering all of the money depositors had in Silicon Valley Bank, not just the FDIC-insured amount of up-to $250,000. 

According to some market commentators, if you have that amount deposited with a single bank, then maybe you should suffer the consequences? As The Kobeissi Letter explains, “If you have $1 million at 1 bank, then only $250,000 of it is insured by the FDIC. If you have $250,000 at 4 banks, then $1 million of it is insured by the FDIC. This is the logic that runs the current banking system. We need a reform or this systemic collapse will continue.”

Regardless, why did Federal and Utah State politicians want to bend the rules for the depositors of this bank in particular? To keep this “contagion” from spreading. “Both the Federal Reserve and the FDIC are very anxious and willing to take the steps necessary to make sure people realize that their deposits in a federally regulated bank are not going to get lost and are going to be fully covered,” says Romney. 

Confidence here is key. A lack of confidence in their bank means depositors all at once rush to pull their money out of a bank, like SVB—to the tune of $42 billion in a matter of hours— “which no bank could withstand,” according to former Vice Chair of the Federal Reserve Board, Randal Quarles. “It’s not indicative of a general systemic problem within the banking industry.” What confidence. 

However, it looks like some clients and markets do not share that confidence at the moment. U.S. Regional Bank stocks took a hit on Monday, including Zions Bank Corp., based in Salt Lake City, whose stocks were down -43% at one point.  

How is Utah impacted by the SVB collapse? 

Cox says one of the major concerns (as far as Utah is concerned) was payroll. Utah firms who pay their employees through Silicon Valley Bank might not get those checks to come through if their deposits weren’t covered. “We know that hundreds of businesses were impacted and thousands of employees would have been impacted. It could have been devastating to our state…If the Feds didn’t step up, the State would have. To make sure we are helping those who are struggling.” 

Who were some of “those who were struggling?” Companies with large deposits in SVB include:

• Circle, $3.3 billion
• Roku, $487 million
• BlockFi, $227 million
• Roblox, $150 million
• Ginkgo Bio, $74 million
• iRhythm, $55 million
• Rocket Lab, $38 million
• Sangamo Therapeutics, $34 million
• Lending Club, $21 million
• Payoneer, $20 million

We know a number of Utah firms—like Kickstart Seed Fund, a Utah-based venture capital firm—were clients of Silicon Valley Bank, which had offices in Salt Lake City (2750 E. Cottonwood Parkway). 

Over the past 24 hours we have been closely monitoring the SVB solvency challenges. We recognize the serious impact this has on many Utah firms with significant assets at risk. We will push regulators and federal partners to work quickly for stability, certainty and solutions. https://t.co/Xq669UmQKm

— Spencer Cox (@SpencerJCox) March 10, 2023

Some important events of note:

January 2006: SVB opens in SLC

Silicon Valley Bank announced “a support and back-operations facility” in Salt Lake City, Utah. “The facility is part of the company’s business continuity strategy to ensure the continuous availability of critical client operations in the event of an unforeseen disaster,” read the press release. “With the opening of this facility in Salt Lake City, we are ensuring that we can perform all essential operations independently, even if our resources in other parts of the country are temporarily or permanently disabled,” said Lynda Ward Pierce, then head of Human Resources for Silicon Valley Bank.  

August 2008: SVB expands in Utah

SVB announces its expanding presence in Utah. “Silicon Valley Bank has worked closely with Utah’s technology, life science and private equity firms, offering financing solutions, treasury management, corporate investment and international banking services,” read the press release. “Silicon Valley Bank is a critical part of the technology community in Utah and we’re glad to see they are making this a permanent location,” said Will West, CEO, Control4 Corporation. “Silicon Valley Bank helps give an emerging technology company its best shot at success and we’re grateful for its partnership.” 

May 2017: SVB gets a bigger Utah office

SVB announces its move to a larger location in Utah. “The Utah innovation economy has experienced dramatic growth in the last 10 years,” said Gary Jackson, managing director for Silicon Valley Bank in Salt Lake City, in the press release. “The quality and diversity of local companies forming along with greater VC investment in the region have created a robust ecosystem. Our new, larger space will allow us to foster increased collaboration with our clients and the investment community.”

2020: SVB enjoys tech boom, low interest rates

During the pandemic, Silicon Valley Bank’s deposit base starts growing exponentially, thanks to a tech boom. The bank invests the lionshare of its funds in bonds that typically deliver consistent returns when interest rates are low.

2022: Interest rates rise

The Fed raises interest rates, and the tech industry hits a bit of a slump—two things that SVB investments depend on. 

February 2023: SVB executive sells millions in company stock

C-level executives at the SVB sell off more company shares. CNBC reports Silicon Valley Bank CEO sold $30 million in stock over the last two years and $3.6 million in a single day in February.

Early March 2023: SVB Snow Summit in Deer Valley

The Financial Times reports that, “40 chief financial officers from various technology groups gathered in the Utah ski resort of Deer Valley for an annual ‘snow summit’ hosted by Silicon Valley Bank.”

March 8, 2023: SVB plan to shore-up losses

SVB announces plan to raise $2.25 billion in common equity and preferred convertible stock after it sold a portfolio of Treasury and mortgage bonds at a $1.8 billion loss. 

March 9, 2023: Depositers make a run on the bank

SVB clients start pulling their money from the bank after some apparent encouragement on Twitter. That amounts to $42 billion of deposit withdrawals, in a “run” on the bank.

March 10, 2023: SVB shut down 

Regulators shut down Silicon Valley Bank. The FDIC takes control. 

March 12, 2023: Government ‘backstop’

The FDIC says in a statement that depositors will have access to all of their money starting Monday, claiming that no losses will be borne by the taxpayer.

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If you like timelines about financial fails, check out Salt Lake magazine’s story on The Church of Jesus Christ of Latter-day Saints’ scheme to conceal $32 billion in assets.

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The loud buzzing horn usually perks up the confused, anxious crowd. It means the lift is about to start turning again, but sometimes not without a little nudge. “If the lift stops it’s usually just because someone fell off at the top,” says Liesl Jenkins, a Park City Mountain lift mechanic. “Otherwise, it’s just some minor nuisance’s fault or something like a lift operator forgetting to pull the stop button out.”

Jenkins and her colleagues quite literally keep the lifts running. When we spoke in the season’s early days, her team was waiting on a new gearbox to arrive for McConkey’s Express, a six-person detachable lift accessing some of the steepest expert terrain at Park City Mountain. Sounds complicated, but Jenkins assured me it was a quick job once the appropriate parts arrived. Guests would never notice anyone working on it, and suddenly the lift would be spinning. Much like ski patrollers, lift maintenance mechanics and electricians perform a ton of behind the scenes work that allows the resort to operate. And just like Park City’s ski patrollers, the resort’s lift mechanics have formed a union to support their often-underappreciated work.

“The final tally really solidified the validity of the unionization effort,” Jenkins says of the 35-to-six vote in favor of joining a union. Employment in the ski industry has become an increasingly fraught topic in recent years. Skyrocketing housing prices and cost-of-living increases in mountain communities have made hiring difficult. Meanwhile employers had become accustomed to exchanging meager pay for a romanticized outdoor lifestyle. The conflicting realities and resultant tensions came to a head last season when labor negotiations between Park City Mountain’s ski patrollers and the resort nearly led to a work stoppage before a new agreement was struck. Park City followed up by raising the minimum wage for employees across the board and offering more incentives and housing options for workers this season. But the feeling among those who perform the dangerous, difficult work of lift maintenance while enduring cold and exhausting 12-hour days, is there’s work left to do.

“The resort stepped up in some ways, and the narrative about it has shifted,” Jenkins says. “But for us as a department, we’re still struggling with unresolved issues. It’s great that the minimum wage is higher, but now wage compression is a factor. We weren’t compensated accordingly and in some cases are making the same amount as a lift ops foreman. Lift maintenance is a dangerous job that takes a lot of knowledge, skill and experience to perform competently, and it’s disheartening to feel we’ve been left behind.”

The lift maintenance mechanics and electricians have joined CWA Local 7781, the United Professional Ski Patrols of America. As of today, the unionization hasn’t affected wages or employment agreements, with union elections and negotiations still to come. New union members are hopeful the collective bargaining power will help address their specific needs. “We’re trying to bring this back to a local level. What works for Vail and Breckenridge and Crested Butte may not work here. We’re a different resort in a different community, and we want to address our specific needs. For example, almost all of us are commuting from significant distances,” Jenkins says.

Park City Mountain was understandably less than thrilled about the unionization effort, especially after making a significant investment to address issues that plagued staffing and operations last season. “While we are disappointed with the result, we are grateful to those who took time to vote,” Vice President and Chief Operating Officer Deirdra Walsh said in a statement provided by the resort. “We sincerely believe that direct communication works best to build strong relationships, ensure a safe working environment and allow every employee’s voice to be heard through direct and open dialogue. We have demonstrated this by listening and taking action this year—increasing wages and investing in affordable housing, mental health, leadership development and other perks and benefits. These are actions we took because of our commitment to our team members.”

Mountain communities are changing, and the employment landscape is evolving in response. As the idyllic vision of living in the mountains and working in the ski industry becomes increasingly elusive, something will have to give. According to Jenkins, people in town have taken notice. “The community support has been overwhelming, and we don’t take that for granted,” she says. More than likely, this won’t be the last domino to fall.  

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