ACLU files lawsuit in attempt to block 'drag ban' from taking effect in Texas
AUSTIN, Texas - The American Civil Liberties Union has filed a lawsuit to try to stop newly-passed Senate Bill 12 from going into effect at the beginning of September.
SB 12 restricts "sexually oriented performances" on public property or in the presence of a child in the state.
As a part of the bill, one of the definitions of a sexually oriented performance is "a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience."
The definition has led critics to call the bill a "drag ban."
The bill’s author and supporters say this is all about protecting children, while critics say laws on the books address those concerns, adding that this law will harm the LGBTQ+ community.
The organization filed the lawsuit on behalf of The Woodlands Pride; Abilene Pride Alliance; two drag production and entertainment companies that the ACLU says have already suffered negative impacts from the ban; and Austin-based drag artist Brigitte Bandit.
AUSTIN, TEXAS - MARCH 11: Drag Queen Brigitte Bandit reads a book during a story time reading at the Cheer Up Charlies dive bar on March 11, 2023 in Austin, Texas. Controversy and debate over Texas House Bill 1266 intensifies as lawmakers continue it
"Texas queens and kings from across our great state have been targets of threats and misinformation as a result of the anti-drag law," said Bandit. "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."
The ACLU says SB 12 violates the First and Fourteenth Amendments and threatens the livelihood and free expression of many Texans, including drag performers.
"It is inconceivable that the ACLU would seek to take legal protections away from young children to further a political agenda," said Jonathan Covey, Policy Director for Texas Values in a statement. "These highly sexualized performances are completely inappropriate and harmful to minors. While the Legislature’s intent to protect kids is clear, the motivation of these LGBT groups to expose children to sexually explicit shows is not. We will defend this law against any and all frivolous attacks."
Under the bill, any "sexually oriented performances" would be banned from commercial establishments around people younger than 18. Any "sexually oriented performance" in front of a child would also be banned. Performers could be charged with a Class A misdemeanor, which is punishable by up to a year in jail and a $4,000 fine. Businesses could be fined up to $10,000.
The bill was signed into law by Governor Abbott on June 18, 2023 and is scheduled to take effect on September 1.