On Friday, a federal judge in Tennessee temporarily prevented the state from enforcing a ban on public drag shows hours before the new law goes into effect.
US District Court Judge Thomas L. Parker issued the order delaying action for at least 14 days while he reviews whether the ban is unconstitutional.
“At this point, the court found the statute vague and excessive,” Parker wrote in the order, adding that the state had not demonstrated “compelling state interests” as to why it should regulate resistance characteristics so strictly.
The law, signed into law by Republican Governor Bill Lee earlier this month, aims to limit “adult cabaret performances” on public property so that they are not visible to children, threaten offenders with misdemeanors and repeat offenders with felonies. The ban covers explicitly “male or female impersonators” who present themselves in a manner that is “harmful to minors.” It should go into effect on April 1.
The plaintiffs — a Memphis-based drag-performing theater company called Friends of George’s — allege that the state attempted “to specifically restrict First Amendment speech and expression based on its content, its message, and its ambassadorship.” limiting.” They argued that the law “targets the players themselves and unlawfully restricts their expression not only within the confines of strictly regulated adult facilities but virtually everywhere else,” according to the judge’s order.
The state claims the measure is not a total ban and is only aimed at stopping open sexual performances in front of minors.
But Parker wrote that “given the defendants’ lack of clear response as to the purpose of the bill, given the state’s current obscenity laws, as well as the parties’ recent briefing on the legislation’s legislative history, the court found that the plaintiff likely has grounds for review.” have laws here.
Plaintiffs’ attorney, Melissa Stewart, celebrated the judge’s order, saying she would “protect not only our client’s First Amendment rights but also the LGBTQIA community in Tennessee as we proceed with the next steps in this litigation.”.
Lee’s approval of the act — one of nearly a dozen similar bills that have made it through the GOP-led state legislature — made Tennessee the first state to restrict public drag shows this year.
Republicans say the show exposes children to inappropriate sexual themes and imagery, a claim rejected by advocates who say the proposed actions could discriminate against the LGBTQ community and violate First Amendment laws.
As drag culture has become more common, such events – which often feature men dressed as women in excessive makeup singing or entertaining crowds, although some events contain more risqué content – have occasionally come under fire, and LGBTQ supporters say the bill is overwhelming. Contributed to increasing public unrest.
