Texas To Restrict Drag Shows In March: Gesticulations And Exaggerated Expressions Under Fire
A court of appeals ruled that Texas can ban some performances on public property, or in the presence of minors, while the legal battle plays out.
Featured Image: Brigitte Bandit via Instagram
A U.S. Court of Appeals for the Fifth Circuit ruled that Texas can enforce a 2023 law that seeks to “regulate sexually oriented performances.” While Senate Bill 12 does not mention “drag” specifically, when Texas Governor Greg Abbott signed it, he showcased his intent on X: “Texas Governor Signs Law Banning Drag Performances in Public.”
Texas Governor Signs Law Banning Drag Performances in Public.
— Greg Abbott (@GregAbbott_TX) June 25, 2023
That's right.
https://t.co/eC7OqElsbU via @metroweekly
The terms of the law are vague. They include “visual performances” that feature “a performer who is nude” or “any other performer who engages in sexual conduct” who “appeals to the prurient interest in sex” on public property or in a place that which could be expected to be attended by a minor. Per ACLU of Texas, the law does not apply in bars and nightclubs where no one under 18 is “present on the premises.”
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Prohibited sexual conduct includes: “the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics;” simulated sexual acts, “including vaginal sex, anal sex, and masturbation;” representation of male or female genitals in a lewd state, including a state of sexual arousal; and devices “useful for stimulating genitals.”
Individuals who control the premises of a commercial enterprise hosting the above-described performances can face a fine of up to $10,000. Performers violating the law can face criminal penalties of up to one year in jail.
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Many consider this legislation to be an attack on Freedom of Expression. In 2023, two LGBTQIA+ nonprofit organizations (The Woodlands Pride, Inc. and Abilene Pride Alliance), two drag production and entertainment companies, and a drag artist sued the State of Texas to stop implementation of the ban which they deemed unconstitutional and far-reaching. They were represented by the ACLU of Texas and Baker Botts LLP.
The Woodlands Pride, Inc. (which includes “family friendly” drag at their pride event) and Abilene Pride Alliance were ultimately dropped from the lawsuit because the court had determined that they had not been harmed by the law.
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On Feb. 25, the ACLU of Texas issued a statement attributed to staff attorney Brian Klosterboer: “… While allowing this law to take effect for the first time, the 5th Circuit made clear that family-friendly and all-ages drag shows remain fully legal in Texas.”
“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling. Because this law remains unconstitutional, we look forward to continuing this case before the district court and encourage anyone who is impacted by the law to reach out to us. Drag in Texas is here to stay.”
The Know Your Rights S.B. 12 (Drag Ban) ACLU of Texas fact sheet can be found here.
