A judge in the Southern District of Texas ruled the state’s proposed ban on all-ages drag shows was unconstitutional and issued a permanent injunction to block it from becoming law. .“Today’s ruling blocks a law that threatens some of the most cherished First Amendment freedoms we all hold dear,” said American Civil Liberties Union (ACLU) of Texas attorney Chloe Kempf in a Tuesday press release. .“SB (Senate Bill) 12 attempts to suppress drag artists and the [sexual minority] community and its steep criminal and civil penalties would harm Black and Latinx transgender Texans the most.”.Kempf called SB 12 “vague, overbroad and chills entire genres of performances that are not obscene or inappropriate, from high school Shakespearean plays to the Nutcracker ballet to the Dallas Cowboys cheerleaders.”.The ACLU of Texas said the ruling stops the attorney general and other government officials from enforcing provisions of the ban. Before issuing the permanent injunction, the court enacted a temporary restraining order, which prevented the law from going into effect on September 1. .Baker Botts LLP and it filed a lawsuit in August on behalf of American drag performer Brigitte Bandit, Woodlands Pride, Abilene Pride Alliance, Extragrams LLC and 360 Queen Entertainment LLC. .The plaintiffs testified at a consolidated injunction hearing and trial on August 28 and 29 SB 12 threatens their livelihoods, censors their freedom of expression and vilifies an art form with roots going back millennia. .Baker Botts LLP senior associate Brandt Thomas Roessler said he is “glad that the court recognized the constitutional rights of our clients, drag performers, and their patrons and protected their rights to freely express an art form particularly important to [sexual minority] people.” .“Baker Botts is proud of its continuing commitment to pro bono work, including the advocacy of [sexual minority] civil rights,” said Roessler. .Bandit said she was relieved and grateful for the ruling. .“My livelihood and community has seen enough hatred and harm from our elected officials,” said Bandit. .“This decision is a much needed reminder that queer Texans belong and we deserve to be heard by our lawmakers.”.A former Texas Republican state representative announced in 2022 he would attempt to ban minors from drag shows following a viral video showing children as young as seven years old giving cash tips to performers in Dallas. .READ MORE: Texas proposes ban on kids attending drag shows.“I would never take my children to a drag show," said former Texas state representative Bryan Slaton (R-HD2). .“I will be filing legislation to address this new issue.”
