Obviously a pervert
Texas can enforce a 2023 law that restricts some public drag shows, a federal appeals court reaffirmed in a new ruling on Wednesday.
Senate Bill 12 prohibits drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. The law would fine business owners $10,000 for hosting such performances, while those who violate the law could be hit with a Class A misdemeanor.
In September 2023, U.S. District Judge David Hittner declared the law unconstitutional, saying that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to think it could affect activities like live theater or dancing. More than two years later in November, a three-judge panel in the 5th U.S. Circuit Court of Appeals unblocked the law and returned the case to the district court.
On Wednesday, the appeals court withdrew its November opinion and reissued a largely identical ruling, denying the plaintiff’s request for a rehearing in the process. SB 12 will now take effect on March 18, according to the American Civil Liberties Union of Texas, who represented several of the plaintiffs.
As part of the ruling, the panel found that most of the plaintiffs — a drag performer, a drag production company and pride groups — failed to show that they intended to conduct a “sexually oriented performance,” and therefore, could not be harmed by the law. The ruling suggests that the federal judges don’t believe all drag shows are sexually explicit.
Critics of the ban have previously raised concerns that Republican lawmakers were portraying all drag performances as inherently sexual or obscene.
And while the law doesn’t have language explicitly referencing drag performances, SB 12’s original version specifically included them. Republican leaders have also made it clear that drag shows are the target.
[…]
The plaintiffs and the ACLU of Texas, which represents them, underscored that Wednesday’s rehearing denial maintained that family-friendly drag shows would still be legal, and said they intend to continue fighting the law.
“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling,” ACLU Texas attorney Brian Klosterboer said in a statement. “Because this law remains unconstitutional, we look forward to continuing this case before the district court and encourage anyone who is impacted by the law to reach out to us. Drag in Texas is here to stay.”
See here for the previous update. My interpretation from then, that this should in theory limit enforcement, still stands. The case is back in district court (I think; that was what happened with the November ruling), so there could still be a favorable ruling for the remaining plaintiffs – the Fifth Circuit removed most of the plaintiffs on the grounds that the law didn’t apply to them. I guess where the rubber would meet the road is when a drag show or performer is busted under this law, if that happens before this lands up at SCOTUS. I will also renew my call for the next Democratic President to do to the lawless and corrupt Fifth Circuit what they will no doubt pledge to do to SCOTUS.
As usual, GOPs attack non-existent problems. And, the 5th Circuit uses pretzel logic to enforce the so-called laws.