AUSTIN — The American Civil Liberties Union of Texas sued the Texas Attorney General and other defendants Wednesday to block a recently passed law that it says will negatively harm the drag community.
Senate Bill 12, by state Sen. Bryan Hughes, a Mineola Republican, bans “sexually oriented performances” in public places and in front of minors. The law goes into effect on Sept. 1.
The plaintiffs argue that the ban targets any performance that could be perceived as “sexual,” including drag performances. Drag is seen within the LGBTQ community as an art form and not a means to be sexually explicit in front of children.
Violations are punishable by up to a year in jail, per the law.
“The Texas Drag Ban is stunningly broad in scope and will chill entire genres of free expression in our state,” said Brian Klosterboer, attorney at the ACLU of Texas, in a statement. “This law flies in the face of the First Amendment. No performer should ever be thrown in jail because the government disfavors their speech, and we are asking the Court to block this affront to every Texan’s constitutional rights.”
Plaintiffs in the lawsuit include The Woodlands Pride; Abilene Pride Alliance; Extragrams, LLC; 360 Queen Entertainment LLC; and Brigitte Bandit.
The plaintiffs argue that SB 12 is an unconstitutional law that violates the First and Fourteenth Amendments and threatens the livelihood and free expression of many Texans, including drag performers.
They also argue that the law is written in a way that could censor a large number of constitutionally protected performances, from touring Broadway plays and professional cheerleading routines to karaoke nights and drag shows, anywhere that anyone under the age of 18 may be present, plaintiffs added.
“Our community will not be used as a scapegoat or a distraction by politicians who do not know who we are or what we do. State leaders should focus on legitimate issues, not political stunts,” said Brigitte Bandit, a drag artist, in a statement.
Hughes did not immediately respond to requests for comment on the lawsuit.