LB371 TESTIMONY

Good afternoon, Chairman Wayne and esteemed members of the Judiciary Committee,

My name is Petra Wahlqvist and I am the Executive Director of Nebraskans for the Arts.

Nebraskans for the Arts is a statewide nonprofit organization committed to advancing opportunities in the arts to improve the lives and learning of all Nebraskans. One of our priorities is to monitor the effects, negative or positive, of new bills on the arts and cultural sector in our state.

I am here today speaking in opposition of LB371.

What we do in the arts is bring people together. The arts play a powerful role in creating community and we also stand against any form of discrimination and strive to be a welcoming experience for all.

Specifically, here are a few key reasons why LB371 would negatively impact the arts and culture sector - artistically, practically and economically.

According to the definition of a drag show in LB371, the bill could have the following effects:

1. Place undue financial burdens on organizations for instituting screening methods

This bill places undue burdens on Nebraska organizations, including small businesses and nonprofits, who would need to establish screening methods to see the age of their patrons. This would add staff costs or put stress on volunteers, with the possibility of a ten thousand dollar fine and a Class I misdemeanor if a mistake is made.

2. Cause financial hardship for small productions

Oftentimes, for financial and practical reasons, one performer plays multiple roles in regular or touring productions. Some of the roles one actor plays may not be of the gender the actor is assigned at birth. One-person shows are specifically made for one actor to portray multiple parts, usually of different genders. Hiring additional actors, and paying for extra lodging and travel if touring,  puts an undue financial burden onto small companies.

3. Prevent access to Shakespeare’s work for audiences and actors under the age of 19

Most of Shakespeare’s works feature scenes where characters dress as another gender to disguise their true identity. There are also often artistic choices to present Shakespeare’s works with an all-male or an all female cast, especially in educational settings. Opera productions have the same challenges.  These opportunities could now not be offered to audiences or students under the age of 19 or under 21 if alcohol is served. 

4. Prevent opportunities for students in educational settings

In many school productions, students play roles that exhibit a gender identity that is different from their gender assigned at birth. For example, female students may play the shepherds in Amahl and the Night Visitors or a female student may play Peter in Peter Pan. We want to ensure that students are not prevented from educational opportunities, as best fit their program, school, or community.

These are a few of the unintended burdens on performers, organizations, educational institutions and citizens that could come about from LB371.

I hope these examples will help provide insight into the consequences of this bill. We stand against discriminatory language and these limitations on creative expression through the arts, and therefore, strongly oppose LB 371. 

Thank you so much - I am happy to take any questions.