Tennessee’s anti-drag law was blocked by a federal judge who cited that the law was a First Amendment violation.
U.S. District Judge Thomas Parker released a 15-page order regarding Friends of George’s v. Tennessee the other week. The plaintiff is a nonprofit organization based in Memphis that sponsors and produces drag performances, as well as hosting comedy sketches and plays. The plaintiff filed a motion to block the Tennessee law which would ban drag performances near the end of March, arguing that the law places a restriction on free speech.
This anti-drag law was passed in February, and bans “adult cabaret performances” including “male or female impersonators” from appearing in public wherever a minor could possibly view the performance. First-time offenders will be charged with a misdemeanor, subsequent violations are punishable by up to six years in prison in addition to fines up to $3000.
The plaintiffs of the case expressed a vivid fear of prosecution. Their next performance was set to take place April 14.
“In the meantime, Plaintiff has to try to sell tickets while deciding whether it should add a previously unnecessary age restriction, cancel the show, or risk criminal prosecution,” the decision reads. “These are not trifling issues for a theatre company—certainly not in the free, civil society we hold our country to be. Defendants’ approach would have Plaintiff, and those similarly situated in Tennessee, eat the proverbial mushroom to find out whether it is poisonous.”
The court sided with the plaintiff, agreeing that the law unfairly targets drag performers. The court also concurred that the language of the law was too vague, that the definitions of “public property” and “a location where an adult cabaret entertainment could be viewed by a person who is not an adult” were dubiously unspecific and therefore problematic.
“Does a citizen’s private residence count? How about a camping ground at a national park?” the decision reads. “What if a minor browsing the worldwide web from a public library views an ‘adult cabaret performance’?”
The law is now blocked from implementation for two weeks and is pending further litigation. Friends of Geroge’s are celebrating the victory.
“We won because this is a bad law” says Mark Campbell, current President of the Board of Directors for Friend’s of George’s. “We look forward to our day in court where the rights for all Tennesseans will be affirmed.”
