As enacted, increases the penalty for drag racing from a Class B misdemeanor to a Class A misdemeanor. Boygenius, the indie rock group made of Julien Baker, Lucy Dacus and Phoebe Bridgers, protested Tennessee Gov. When the Court asked exactly what conduct this Statute reaches that is outside the scope of Tennessee's obscenity laws, Defendant initially answered that the Statute adds very little, and later clarified that in their view, the Statute is a time, place, and manner restriction. SB 1058 - HB 1244 1 TENNESSEE GENERAL ASSEMBLY FISCAL NOTE FISCAL REVIEW COMMITTEE SB 1058 - HB 1244 March 11, 2021 SUMMARY OF BILL: Requires all persons bidding on certain public construction projects to have a Tennessee contractor's license prior to bidding on the project and removes a And it's really brutal to be faced with that sort of choice of, you know, you can either stay here and suffer or you can leave this home that you've created and all that you've invested in here," says drag performer Hella Skeleton. The Court v. City of St. Paul, 505 U.S. 377, 382 (1992). Tennessee makes drag and trans health care bans law : NPR Criminal Justice Committee for 2/14/2023, Action def. Plaintiff counters with a citation to Tennessee's divided prosecutorial scheme giving the Attorney General power to begin a criminal prosecution should the local district attorney "peremptorily and categorically" refuse to enforce criminal laws. Given the Defendants' lack of a clear answer to the Statute's purpose considering current state obscenity laws, along with the Parties' present filings on the Statute's legislative history, the Court finds that Plaintiff has made a likely case for subjecting the Statute to strict scrutiny here. On what enforcement could look like, particularly at pride events in Tennessee this summer: The notion that police might arrive at pride and start arresting drag queens, or frankly, anyone who could be dressed in a costume, and because there could be children in the crowd, is really, kind of an incredible thing to imagine happening. Considering that Mr. Mulroy does not oppose the issuance of a TRO here, the Attorney General's power to enforce this law is murky at the moment. A federal judge rejects Tennessee's anti-drag law as too broad and C. Vagueness and Overbreadth The Court disagrees and finds that Plaintiff has met its burden of proving both Article III and prudential standing. could be viewed by a person who is not an adult"? Late last month Gov. Hence, while the government may prohibit obscenity as a whole, it may not target only certain types of obscenity without engaging in content-based regulation. Advertisement Read the judge's order March 31, 2023 Judge Thomas L. Parker agreed to delay the implementation of a law limiting drag performance in Tennessee for at least 14 days. So, the Court will treat this factor as uncontested. . Outdoor drag is a staple in the Tennessee summer heat. Tennessee bill filed after drag show controversy advances in General Assembly, As performances draw political criticism, experts weigh in. March 2, 2023, 4:01 PM PST By Matt Lavietes Tennessee Gov. SENATE BILL 3 By Johnson AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, Part 14, relative to adult-oriented performances. (ECF No. i. Content-Based Regulation Tennessee Gov. Bill Lee's desk. What we know. Todd previously characterized the drag show as "child abuse," though he was unaware of what the show might contain. FISCAL IMPACT OF ORIGINAL BILL: Increase State Expenditures - $3,894,600/FY21-22 $38,945,800/FY22-23 $97,364,500/FY23-24 Exceeds $97,364,500/FY24-25 and Subsequent Years Tennessee GOP files bill to ban drag performances in public spaces And so the Court now turns to the legislative history to address whether Tennessee enacted the Statute because of its disagreement with a particular message or messenger. LEGAL STANDARD This Order shall expire fourteen (14) days from the date of entry noted below, unless within such time, the Court extends the Order for an additional period under Federal Rule of Civil Procedure 65(b)(2). The legislation is among several proposals before lawmakers this year aimed at LGBTQ issues and transgender minors and it moved through the Senate's legislative process with remarkable speed. at PageID 6263.) Defendants' approach would have Plaintiff, and those A second offense would be a Class E felony,which could carry between one to six years in prison. A law is unconstitutionally vague if individuals of common intelligence must necessarily guess at its meaning and differ as to its application[.]" The Court finds Plaintiff has met its burden of establishing injury. Download the. Advocates worry that recently-passed legislation restricting drag performances in public spaces in Tennessee could be used to discriminate against them, and fuel the slew of similar laws being proposed in other states. Second, they argue that Plaintiff even if it can prove a cognizable, Case 2:23-cv-02176-TLP-tmp Document 14 Filed 03/31/23 Page 5 of 15 PageID 127 Defendants advanced no arguments to these concerns during the hearing. The Court will now consider whether the regulation here is content-based. 13, Case 2:23-cv-02176-TLP-tmp Document 14 Filed 03/31/23 Page 14 of 15 PageID 136 (ECF No. The Court is skeptical because even if Defendant is correct, the Statute seems to be overly-broad. SB0003 by Johnson - FLOOR VOTE: as Amended Third Consideration 2/9/2023 PassedAyes..26Noes6Senators voting aye were: Bailey, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager -- 26. "Trans drag performers who were like pioneers and us getting any type of queer rights, like at all.". Only performers would be subject to the law. Plaintiff argues that this interpretation of the Statute is not merely content-based, but also view-point based because an element of the offense is based on the identity (exotic dancers, for a TRO. Present law defines "harmful to minors" as that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence, or sadomasochistic abuse when the matter or performance: (1) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful, or morbid interests of minors; (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (3) Taken as a whole lacks serious literary, artistic, political, or scientific values for minors. But this answer raises more questions for the Court as it does little to advance Defendant's position. The ban could also have a chilling effect on Pride festivals. However, bill sponsor Rep. Chris Todd, R-Madison County, filed the legislation after he fought a public Pride drag show in Jackson, Tennessee. Here's the Status of Anti-Drag Bills Across the U.S. | Time FAQs for Hospitality Employers on Tennessee's "Anti-Drag" Law Other states across the country are proposing similar legislation. (Id. That reminds us that no matter what kinds of legislation are being passed today and how cruel or devastating the impact is, these aren't foregone conclusions. Lee also signed off on a new law to prohibit "adult-oriented" entertainment, including "male and female impersonators," from public property and limit it to age-restricted venues. Sen. Jack Johnson, R-Franklin, speaks during a debate on school voucher legislation Wednesday, May 1, 2019, in Nashville, Tenn . In the meantime, Plaintiff has to try to sell tickets while deciding whether it should add a previously unnecessary age restriction, cancel the show, or risk criminal prosecution or investigation. Before a Court can hear a case, the Plaintiff must show Article III standing. At this point, the Court finds that the Statute is likely both vague and overly-broad. 2, 113th General Assembly 2023 (Statute"). Even still, these experiments are not without constraints. Tennessee drag bill: Senate passes 'male, female impersonators' bill On whether first amendment rights were brought up with these previous laws: As far as I know, that question was never really settled under the law. with (ECF No. This amendment defines "adult cabaret entertainment" as adult-oriented performances that are harmful to minors, as such term is defined under present law; feature go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and include a single performance or multiple performances by an entertainer. (ECF No. Opinion | Tennessee and the Anti-Drag Race The Court will only uphold the law if it is justified by a compelling government interest, and it is narrowly drawn to serve that interest. 2, Case 2:23-cv-02176-TLP-tmp Document 14 Filed 03/31/23 Page 3 of 15 PageID 125 LGBTQ Tennesseans. 8-7-106. Want to learn more? Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Yarbro -- 6. Todd and a group of religious leaders sought court action to stop the event, though eventually negotiations with organizers led to a compromise over restricting minors from attending. Kolender v. Lawson, 461 U.S. 352, 358 n.8 (1983). First Amendment Issues If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution. (Id. with one in New York only just being repealed in 2021. "It's this subtle and sinister way to further criminalize just being trans," Seaton says. BACKGROUND The bill sparked heated debate on the House floor after several Democrats were cut off from questioning under new debate time limits passed by the House Republican supermajority. Standing Tennessee takes lead in Republican effort to restrict drag shows

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