BLOUNT COUNTY, Tenn. — The Blount County District Attorney's Office is threatening to prosecute Blount Pride organizers if "adult cabaret" shows are held at the Saturday festival, citing an anti-drag law that was previously ruled unconstitutional following a lawsuit originally filed in Memphis.
The event, Blount Pride, is scheduled for Sept. 2 starting at 1 p.m. Organizers said it was meant to celebrate the LGBTQ+ community in the area. It is scheduled to be at the Claxton Center for the Arts and would be the third-annual Pride festival in the Blount County community.
"We want LGBT folks, and especially LGBT youth, to know that there are resources in this community. There are people that will love them just as they are in this community and that they can build a good and full and connected life in Blount County," said Ari Baker, the president of the Blount Pride Board.
Leading up to the event, Blount Pride announced several sponsors who lent support for the festival. They included the East Tennessee Soap Works, Haven Media, the McNabb Center, Foothills Unitarian Universalist Fellowship and many others. Several drag performers were also expected to be at the festival.
They included Flamy Grant, a drag artist whose album "Bible Belt Baby" topped the iTunes Christian music charts in late July. According to her website, it's also the world's first contemporary Christian music record by a drag performer.
Ryan Desmond, the Blount County District Attorney, said he was relying on the opinion of the Tennessee Attorney General that the anti-drag law could be enforced in Blount County.
"My office is aware of the June 2, 2023, District Court ruling from the Western District of Tennessee that found the AEA unconstitutional and enjoined the District Attorney of the 30th Judicial District from prosecuting cases under these criminal statutes," the letter said. "It is clear from the holding and subsequent order that this enjoinder is presently only applicable to the 30th Judicial District."
A judge appointed by former President Donald Trump ruled that the law violated free speech in June. Opponents of the legislation said it unfairly targeted drag shows and the transgender community.
"This statute-- which is barely two pages long-- reeks with constitutional maladies of vagueness and overbreadth fatal to statutes that regulate First Amendment rights," Judge Parker wrote.
He also said it targeted gender identity — specifically people whose gender expression could be different than their gender assigned at birth.
"It is my conclusion that violations of the AEA can and will be prosecuted by my office, however it is important to note that we do not prematurely evaluate the facts or evidence related to a potential investigation into possible criminal conduct. It is only after review of all the relevant evidence that my office will reach a position as to whether criminal conduct has occurred," the letter says.
The event will be free to attend. The festival's slogan is, "There's Pride in Them/Their Hills."
"Anyone who's going to come out to this event and, keep in mind, Knox Pride fully supports Blount Pride, and we would always encourage people while you're there — it takes an army to put on an event and it also takes money," said Nathan Higdon from Knox Pride. "And I would encourage everyone who attends to open your heart and also to open your wallet to Blount Pride."
WBIR spoke with several different organizations about the letter. You can read their different statements below.
Maryville College
"Yes, Dr. Coker received the letter from General Desmond, and the College’s legal counsel has spoken at length with the Attorney General. The College’s agreement/contract for this rental specifies that Blount Pride will conduct the event in compliance with all applicable laws."
Appalachian Outreach
"This is oppression
This is discrimination
This is prejudice.
This is treading on people’s rights.
We remain accused of “shoving” our culture in people’s faces while they show up at our events and we do not show up at theirs. But this is how oppression works. The oppressed are blamed, villainized, literally demonized.
The result of oppression is stress. Not just for our community but for many communities on the periphery. We are a nation that is experiencing chronic stress. The result of chronic stress on communities and cultures is violence. We are a country that is plagued by violence.
We are a peace-first community. We all can peacefully coexist."
City of Alcoa
Both Chief and Mark have explained that as far as pressing charges in the future, it will be determined by the facts and circumstances at the time as to whether or not charges, if any, would be filed.
The City of Maryville, including the Maryville Police Department
We have received the letter from the attorney general and are in the process of reviewing the information with the attorney general and the city attorney.
Please note that the Blount Pride event being held on the privately held Maryville College campus is not at issue. The issue facing law enforcement is a component of the overall event that may be prohibited by state law under the Adult Entertainment Act – specifically the TCA codes listed in the AG’s summary and if it is included in the state’s definition of “adult cabaret entertainment” and whether it is allowed to perform legally at the Clayton Center. Specifically, if it is within one thousand feet of a church.
The chief is working with the city attorney and the attorney general to understand the law and clearly communicate the findings to the event organizers. We are in the process of reaching out to the Blount Pride event organizers to understand what is being planned and ensure the organizers understand the boundaries of the law. We cannot predict the future, but we are working to ensure all parties understand the law and our position on the law. During the event, if it is determined that organizers are in violation of the law, appropriate action will be taken. Our sometimes-difficult job is to ensure all laws are followed while protected rights remain in place.
Answers from DA Ryan Desmond
You say you’ve heard from concerned citizens. What concerns do they have about the event? We’d like to formally request copies of those concerns.
Their concerns primarily centered around whether the event violated the Adult Entertainment Act that was passed by the legislature and signed into law by the Governor in the early months of 2023.
Can you give an example of an act or event you would consider in violation of the law?
I think it would be unwise and potentially unethical to opine on a specific hypothetical. Each case will have to be evaluated on the specific facts and evidence relevant to that particular case. The most obvious conduct that would violate the AEA would be nudity, sexual acts, or simulated sexual acts performed in front of children.
The purpose of the notice was simply to give individuals reasonable and fair notice that there is a criminal statute that is still in effect in this jurisdiction, a statute which contains language on very specific conduct that the Tennessee Legislature has chosen to prohibit. Specifically the statute prohibits adult-oriented establishments and adult cabarets from being located within 1,000 feet of a school, child care facility, church, etc. It also prohibits adult cabaret entertainers from performing in a manner that is “harmful to children” (as defined by the statute) in a location where children may be present. Performances that do not meet the statutory definition of “harmful to children” are not criminal conduct under that statute. The notice was intended to relay what the language of the statute contains and to provide notice that if sufficient facts and evidence were gathered and provided to my office, that we would uphold the law.
Have you received any response from Blount Pride or any other organization the letter was addressed to?
No
What personal concerns do you have about the event on Saturday?
My personal concerns have no bearing on my duty and responsibilities to uphold the law as the elected District Attorney.
You were elected to represent all the citizens of Blount County. Do you think this decision represents the view of all your constituents? And why?
I was elected to uphold the laws of the State of Tennessee on behalf of the citizens of Blount County. I believe my actions are in conformity with this sworn oath.