An LGBTQ+ theater company is suing to try to block the first law in the state of Tennessee that places strict limits on drag shows, saying it violates the First Amendment.
A Memphis-based group, Friends of George, filed a federal lawsuit Monday against Shelby County District Attorney Steve Mulroy and the state, and asked the court to issue a preliminary injunction preventing the law from taking effect Monday.
Both sides presented arguments Thursday before U.S. District Judge Thomas Parker, who did not indicate when he might rule.
“This law threatens to force theater groups into nightclubs, because the Tennessee legislature believes they have the right to make their own opinions about drag into law,” said the theater group in the complaint. “The Plaintiff’s other option is to proceed as planned, knowing that the Friends of George drag performers could face criminal — even felony — charges.”
The word “drag” does not appear in the new law. However, the law changed the definition of adult cabaret in Tennessee to “adult-oriented performances that are harmful to minors.” Furthermore, “male or female impersonators” are now classified as a form of adult cabaret, similar to naked and topless dancers, go-go and exotic dancers.
The law prohibits adult cabaret performances from public property or anywhere minors may be present, and performers who violate the law will be charged with a misdemeanor, or a felony if repeated.
“The law prohibits drag performers wearing crop tops and miniskirts from dancing where minors can see, but does not prohibit Tennessee Titans cheerleaders wearing the same outfit from performing the same dance in front of children,” the complaint states.
The complaint also details an attempt last year to block a drag show at a park in Jackson, west of Nashville, as part of the Pride festival. A legal complaint spearheaded by Republican state Rep. Chris Todd and Republican state Senator Ed Jackson sought to prevent the show, insisting that the group reached a settlement to be held indoors with age restrictions.
“After torturing the state court for violating the First Amendment rights of Jackson Pride, Rep. Todd ‘was asked to come up with legislation that would make this more clear’ – that drag performances in front of children violate Tennessee law.” the complaint argued.
During Thursday’s hearing, Mulroy told the judge that he did not object to the temporary restraining order.
“There is a lot of concern and confusion about the law from the public,” Mulroy said in a statement to the AP. “This will allow the courts to clarify the scope, application, and constitutionality of the statute. It is important to understand the scope of this statute so that it does not have a harmful effect on constitutionally protected expression.
A spokeswoman for the attorney general’s office did not immediately respond to a request for comment Friday.
Tennessee’s drag law marks the second major proposal targeting LGBTQ+ people that lawmakers in the state have passed this year. Republican Gov. Bill Lee signs GOP-backed legislation banning gender-affirming treatment.
Lee has faced criticism for endorsing anti-drag show laws, particularly after a photo of her as a high school senior dressed as a woman in 1977.
Lee called comparing the two issues “ridiculous.” When asked for specific examples of inappropriate drag shows performed in front of children, Lee did not name any, but said he was concerned about protecting children.