The LGBTQ community isn't taking increasing threats to drag lying down — filing suits against a Utah city and the state of Florida arguing their anti-drag moves violate the First Amendment to the United States Constitution.
In Utah, the Southern Utah Drag Stars filed suit against the city of St. George on May 23 after the municipality denied it a special events permit for a family-friendly drag show at J.C. Snow Park; in Florida, Hamburger Mary's Orlando filed suit May 22 against the state and Republican Governor Ron DeSantis after he signed Senate Bill 1438, which restricts children from attending some "adult live performances." (On May 24, DeSantis entered the race for the GOP presidential nomination.)
Just last week, the Bay Area Reporter reported that attorneys were questioning the constitutionality of a number of anti-LGBTQ laws passed recently, particularly in Florida and Tennessee. On June 2, a federal district court judge declared a Tennessee law targeting drag shows unconstitutional because it restricted free speech.
Utah
On March 3, Mitski Avalōx, a trans woman who's the CEO of Southern Utah Drag Stars, applied for a permit to host the Allies & Community Drag Show Festival at J.C. Snow Park. The city denied the application citing a rule that events cannot be advertised until the city has approved them.
However, the rule is not typically enforced.
"The advertising ordinance was not routinely enforced, in part because it is unworkable — permits are typically not issued until the day of or the day before events, making advertising an event practically impossible," stated the American Civil Liberties Union of Utah, which is representing the Drag Stars.
"Drag Stars appealed the city's permit denial and at the hearing at least one city council member acknowledged that the advertising ban is not enforceable, but the city nonetheless denied Drag Stars' appeal," the ACLU of Utah stated in a news release.
"To make matters worse, while Avalōx's application was pending, St. George decided to suspend considering any new special event permits for six months, denying Drag Stars the opportunity to submit a new permit application after the initial rejection," the release states. "The city later exempted 'city-sponsored' events from the six-month ban on new permit applications, creating a scheme whereby city officials selectively grant permits to favored events while denying all others. St. George's special events policies discriminate against drag performances and are so opaque that no one can know what is allowed and what is not."
The suit was filed in the United States District Court for the District of Utah. The ACLU, its Utah affiliate, and the law firm Jenner and Block are representing Avalōx and Drag Stars.
Aaron Welcher, the communications director for the ACLU of Utah, stated to the Bay Area Reporter that Avalōx would not be available for a statement or interview, but gave a statement of his own.
"It is disappointing when bigotry and prejudices influence local government decisions," Welcher stated. "Drag is art, entertainment, and community, with a long history of being deeply rooted in political speech. We must overcome efforts to censor our self-expression so that drag can continue to be a powerful force for change and acceptance, encouraging greater understanding and inclusivity in the broader community."
Florida
Meanwhile, in the Sunshine State, Hamburger Mary's Orlando filed a suit against the state and DeSantis. The drag-themed restaurant claims that after DeSantis signed the adult performances law on May 17, the restaurant told customers that children won't be allowed to attend any of its drag shows and its bookings fell 20%.
In the complaint, filed in the United States District Court for the Middle District of Florida, the restaurant states that SB 1438 is unconstitutionally vague — which is what University of San Francisco law professor Luke Boso told the B.A.R. last week about these types of laws.
Speech restrictions, particularly those that pose a prior restraint, have a very high bar to pass so as to not present a chilling effect, Boso said. Alternative options have to be made available.
"The statute ... is not tailored narrowly enough to satisfy the First Amendment's requirements," Hamburger Mary's complaint states. "It is simply too vague and overbroad."
The suit also mentions the actions DeSantis' business and professional regulation department has made against drag shows at other venues, threatening their liquor licenses on the grounds of old obscenity laws.
Hamburger Mary's Orlando and DeSantis' office did not return requests for comment as of press time.
LGBTQ Agenda is an online column that appears weekly. Got a tip on queer news? Contact John Ferrannini at [email protected]
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