LGBTQ activists sue to block Texas’ new drag law
By Rebecca Schneid | LGBTQ Texans and advocates filed a federal lawsuit Wednesday to block a new state law that criminalizes some drag shows — and other performances — if they occur in front of children.
Senate Bill 12, which goes into effect on Sept. 1, originally sought to classify all drag shows as sexual performances, but it was dramatically altered throughout the regular legislative session.
The version the Legislature eventually approved criminalizes performers that put on sexually explicit shows in front of children as well as any businesses that host those shows.
But it’s how the law defines sexually explicit behavior that spurred the lawsuit. The complaint argues that SB 12’s language is overly broad, allowing for too much discretion for police, prosecutors and municipalities to decide what is or is not illegal. “In its zeal to target drag, the Legislature passed a bill so yawning in scope that it criminalizes and restricts an enormous swath of constitutionally protected activity,” says the lawsuit, which was filed by the American Civil Liberties Union of Texas. “The state has threatened the livelihood and free expression of many Texans.” Under the law, business owners would face a $10,000 fine for hosting sexually explicit performances in which someone is nude or appeals to the “prurient interest in sex.” Performers caught violating the proposed restriction could be slapped with a Class A misdemeanor, which carries a maximum penalty of a year in jail and a $4,000 fine.
