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Federal judge rules anti-drag bill is 'unconstitutional'

In a court order, U.S. District Judge Thomas Parker said the new law places an unconstitutional restriction on freedom of speech.

SHELBY COUNTY, Tenn. — Shelby County can't enforce Tennessee's new anti-drag law, a federal judge ruled on Friday.

In a 70-page court order, U.S. District Judge Thomas Parker explained why he felt Friends of George's, a nonprofit organization based in Memphis that produces "drag-centric performances, comedy sketches and plays," had made a compelling argument under the First Amendment.

"Freedom of speech is not just about speech. It is also about the right to debate with fellow citizens on self-government, to discover the truth in the marketplace of ideas, to express one’s identity, and to realize self-fulfillment in a free society," Judge Parker wrote. "This case is about one such regulation."

The "Adult Entertainment Act" signed by Governor Bill Lee looked to ban "adult cabaret performances" anywhere children could be present. The court had issued a temporary restraining order against the new law; this ruling makes it permanent. 

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"The Court finds that—despite Tennessee’s compelling interest in protecting the psychological and physical wellbeing of children—the Adult Entertainment Act (“AEA”) is an UNCONSTITUTIONAL restriction on the freedom of speech and PERMANENTLY ENJOINS Defendant Steven Mulroy from enforcing the unconstitutional statute," Judge Parker wrote. 

Parker said "scores of concerned Tennesseans" had asked the Court to uphold the AEA in order to protect their children. He said while he recognizes the state's compelling government interest to protect minors, their argument in court "primarily involved a request for the Court to alter the AEA by changing the meaning of 'minors' to a 'reasonable 17-year-old minor'."

"The way the law is written, beginning to end, it's vague," Lisa Misosky, owner of The Bird and The Book, said. "I don't think it's the job of the state to legislate morality, per se, in saying that something that they believe to be immoral. Whether or not it is or isn't, I mean, that's community standards." 

Misosky's venue often raises thousands of dollars because of drag show events for charity. She said they were never in violation of the law, but it was a challenge to occasionally have to explain it to the authorities.

Credit: WBIR
Tyra Von Shade

One of the biggest misconceptions is what these shows are all about and what kind of performances they entail. 

"Drag is not sexual by nature," said Tyra Von Shade, a local artist. "We do a lot of lip sync performance character impersonation Cher, Dolly, Reba, McIntyre, things like that."

Von Shade and their friends celebrated when they heard the news last night. 

"My hope for the future is that we stay on the path that we're on and overturn all of those silly laws," Von Shade said. "Now that we've... done away with the drag ban, hopefully, we can move on to giving gender-affirming care back to trans kids that need it."

Attorney General Jonathan Skrmetti filed an appeal on the decision on June 30.

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