Tennessee drag performer moves to block bill that criminalizes acts
A federal judge in Tennessee temporarily halted the state law that criminalizes drag performances hours before it was due to take effect, hours before it was due to take effect.
Judge Thomas Parker cited constitutional protections of freedom of speech in issuing a temporary restraining order.
If Tennessee wishes to exercise its police power in restricting speech, it must do so within the constraints and frameworks of the United States Constitution, Parker wrote.
The Court finds that, as it stands, the record indicates that when the legislature passed this Statute, it missed the mark, he wrote.
Gov. Bill Lee, a Republican, signed into law the novel bill on March 2. It was due to take effect on Saturday.
Adult cabaret entertainment is not allowed on public property or in locations where it could be seen by a minor, according to the first-of-its-kind law.
The law is sometimes referred to as a drag ban.
Friends of George's, Inc., a LGBTQ theater group based in Memphis, sued over the law and called it unconstitutional. The law threatens to force a nightclub because Tennessee legislators believe they have the right to make their own opinions about drag into law, the theater group argued in a motion for the restraining order. The other option is to proceed as planned, knowing that the Friends of George s drag performers could face criminal - even felony charges. The group also argued that if a drag queen and Tennessee Titans cheerleader danced in the presence of children, only the drag performer would be breaking the law.
The prohibited speech is defined by the identity of the drag performer and the message he conveys, lawyers for the group wrote, adding that it is in violation of the First Amendment.
Supporters say the law protects children from exposure to inappropriate entertainment.
One of the bill's Republican sponsors, Senate Majority Leader Jack Johnson, said when it passed that measure gave confidence to parents that they can take their kids to a public or private show and will not be blindsided by a sexualized performance. A first offense is a misdemeanor and a second offense is a felony.
The state attorney general's office, along with a lawyer from the office listed as representing Lee and Tennessee in the lawsuit, did not respond to requests for comment Friday night.
Friends of George's tweeted that the restraining order was the first step in an ongoing battle.
Mark Campbell, the president of Friends of George's board of directors, said in a statement that we won because this is a bad law. He said the group is looking forward to its day in court.