Judge blocks Tennessee drag show ban HOURS before it was set to take effect
A federal judge temporarily blocked Tennessee’s first law imposing strict limits on drag queen performances just hours before it went into effect, siding with a group that filed a lawsuit alleging the statute violates the First Amendment.
The decision comes after Friends of George’s, a Memphis-based LGBTQ+ theater company, filed the federal lawsuit Monday against Shelby County District Attorney Steve Mulroy and the state.
US District Judge Thomas Parker issued the temporary injunction after hearing arguments from both sides Thursday.
Parker wrote that the state has failed to make a convincing case for why Tennessee needed the new law, adding that the court also agrees that the statute is likely vague and overly broad.
The word “drag” does not appear in the new law, which instead changed the definition of adult cabaret in Tennessee to mean “adult-oriented performances that are harmful to minors.”
A federal judge blocked Tennessee’s first-in-the-nation law, which places strict limitations on drag performances, just hours before it went into effect (file photo)
Kameron Michaels performs onstage for RuPaul’s Drag Race Werq The World Tour at the Ryman Auditorium last August in Nashville, Tennessee (file photo)
US District Judge Thomas Parker issued the temporary injunction after hearing arguments from both sides Thursday.
Additionally, ‘male or female impersonators’ are now classified as a form of adult cabaret, similar to striptease and topless, go-go, and exotic dancers.
The law prohibited adult cabaret performances on public property or anywhere minors might be present. Artists who break the law risk being charged with a misdemeanor or a felony for recidivism.
“The law prohibits a drag performer wearing a crop top and miniskirt from dancing where minors can see him, but it does not prohibit a Tennessee Titans cheerleader wearing an identical outfit from performing the exact same dance in front of children,” he says. the initial complaint. .
Parker also listed concerns that aligned with the group’s argument that the law was too broad and questioned the location specifications of a cabaret entertainment venue that could be viewed by a minor.
‘Does the private residence of a citizen count? How about a camping area in a national park? Parker wrote. “Ultimately, the broad language of the Statute clashes with the strict restrictions of the First Amendment.”
The judge issued a temporary injunction after the Memphis-based LGBTQ+ theater company filed a federal lawsuit against the Shelby County and Tennessee state attorney (file photo)
The complaint also details efforts last year to block a drag performance at a park in Jackson, west of Nashville, as part of a Pride festival. A lawsuit led by Republican State Representative Chris Todd and Republican State Senator Ed Jackson sought to prevent the show, forcing organizers to agree to hold the event indoors with an age restriction.
‘After abusing state courts to violate Jackson Pride’s First Amendment rights, Rep. Todd was asked to introduce legislation that would make this much clearer’: that drag performances in front of children are a violation of Tennessee law,’ the complaint argues.
Parker referenced Todd’s actions in his decision Friday and said the state attorney general’s office did not provide a clear answer about the purpose of the new law given Tennessee’s current obscenity laws.
During Thursday’s hearing, Mulroy told the judge that he did not object to a temporary restraining order.
“There has been a lot of concern and confusion about the law from the community,” Mulroy said in a statement.
The lawsuit claimed that the law violated the First Amendment with the judge’s ruling statute likely was vague and overly broad and did not provide a compelling argument for why the new law was necessary (file photo)
Drag queens spend up to five hours perfecting their hair, makeup, and outfit before each show.
‘This will allow the court to clarify the scope, application and constitutionality of the statute. It is important to understand the scope of this law so that it does not have a detrimental effect on constitutionally protected speech.’
A spokesman for the attorney general’s office did not immediately respond to a request for comment on Friday.
Tennessee’s drag law marks the second major proposal targeting LGBTQ+ people passed by state lawmakers this year. Republican Gov. Bill Lee signed into law GOP-backed legislation banning most gender-affirming care.
Lee has faced criticism for passing the anti-drag show law, particularly since a photo surfaced of him as a high school senior dressed in women’s clothing in 1977.
Lee called the comparison of the two tracks “ludicrous”.
When asked for specific examples of inappropriate drag shows being performed in front of children, Lee did not cite any, but said she was concerned about protecting children.
Drag queen Josh Hanson, playing ‘Candy Caned’, makes his way backstage as he prepares to perform in ‘Queenz – The Show With Balls’ at Blackpool’s Grand Theater as part of the show’s UK tour , in Blackpool, in the north of England (file photo)