Drag queens fight back against Tennessee law banning drag shows

• Tennessee Governor Bill Lee signed HB0009 into law, amending the law regarding cabaret performances.
• The bill criminalizes the entertainment of “male or female impersonators” if they are likely to be seen by children.
• One drag queen who is suing the state over the law told Insider it violates the rights of performers and parents.

A new law criminalizing drag performances is at the heart of a contentious legal battle in Tennessee courts — and a judge overseeing legal challenges is now backing drag queens, arguing performers’ first Amendment rights would be affected by an overbroad ban.

U.S. District Judge Thomas Parker on Friday issued a 14-day temporary restraining order in favor of friends of georgethe Memphis-based drag-centric theater company is suing the state’s Governor Bill Lee, Attorney General Jonathan Scholmeti and District Attorney Steven Mulroy.

The restraining order prevented the law, which was set to take effect on April 1, from being enforced for two weeks while legal challenges proceeded in court.

Tennessee House Bill 0009 Signed into law by Lee on Feb. 27, it amends existing provisions regulating pornographic performances to include “male or female impersonators” as “adult musical entertainment.” Performing in public or “where an adult cabaret may be viewed by a non-adult” is a misdemeanor for the first offense and a felony for the second.

“It’s not something we agree to, and it’s not something our kids need to be exposed to,” Rep. Kris Todd, who sponsored the bill, told the media in a lawsuit filed by Friends’ attorneys against state officials. George’s. “It’s about protecting the kids in our community from things that are harmful to them. It’s not age appropriate.”

Todd, Lee, Skrmetti and Mulroy did not immediately respond to Insider’s request for comment.

The bill’s sweeping language doesn’t specify what types of behavior or attire would qualify a performer as a “male or female impersonator,” whether performances must be of an adult nature to be subject to the ban, or if performing in private would children likely be present Any place, such as a person’s home or private place, can be affected.

“This prohibition is not limited to commercial venues or paid performances, and means that drag performers could be arrested for providing free entertainment at a birthday party at a family member’s home, as long as the child is present,” the complaint reads. Lawyers for Friends of George added that there are no exceptions to the law for minors who watch drag shows with parental consent.

“If a restaurant hosts an 18+ drag brunch and kids walk by and see it through the windows, there is nothing to prevent the drag performers from being charged under the statute,” the complaint continued.

The passage of the bill comes as anti-transgender legislation is increasingly being introduced across the country Legal experts previously told Insider it was a political posturing As we approach the 2024 election.this Transgender Legislation Trackerwhich collects data on anti-trans bills introduced since 2015, records 492 bills introduced in 47 states this year alone, including HB0009 in Tennessee.

“George’s friends think that this bill that Bill Lee signed into law makes it very difficult for us to do our jobs without worrying about some kind of felony charge,” said Micah Winterker, a drag performer on the force. Also known as Miss Goldie, Dee Collins told Insider.

The company’s all-ages shows feature variety and comedy, highlighting drag performers in an effort to provide the LGBTQ community with something to do outside of bars and nightclubs.

“Our show has no age restrictions,” Winterker told Insider. “We leave parenting to the parents.”

“It does seem hypocritical for the state to want parents to have the inalienable right to instruct their children when they can and cannot wear a mask, but here they cannot expose their children to the art form as they see fit, ’ continued Winterker.

In a complaint against state officials, attorneys for Friends of George argue that not only would the ban directly violate the First Amendment rights of drag performers, but it would also have a chilling effect on other artistic performances that might be inclined to Self-censor to avoid breaking the law by running away.

Judge Parker agreed. In his ruling granting the restraining order, he wrote that the enacted law appeared to be “both vague and overly broad” and likely violated performers’ First Amendment rights, potentially causing “irreparable harm” to performers There is no injunction preventing the enforcement of the law.

In a footnote to his ruling, Parker noted that other performing groups have already had a chilling effect on the statute. Since the passage of the Act, it has revised its age restriction policy.

“In order not to risk the health of drag performers, Absent Friends has decided to limit future performances to audiences 18 and older,” quoted Mystie-Elizabeth Watson, Producer and Director of Absent Friends The judge’s words speak the verdict. “If it weren’t for this law, Absent Friends wouldn’t be putting age restrictions on their monthly shows.”

Over the next two weeks, unless the restraining order is extended, the court will hold additional status hearings to determine what next steps will be taken. It’s unclear whether a permanent injunction will be granted, or if Tennessee will appeal the district court’s decision.

“If the state of Tennessee wishes to exercise police powers to restrict speech it deems obscene, it must do so within the constraints and framework of the United States Constitution,” Parker wrote. When the regulation was passed, it missed its target.”