Updates on Drag and Cabaret Legislation

Periocically during state legislative sessions, Jay Dick, Americans for the Arts Sr. Director of Equitable Advocacy and Partnerships, prepares a brief summary of the legislative activities.  If you have any questions, please send him an email.

May 31, 2024

I am pleased to provide what I hope is my final 2024 state Drag Legislation Update for 2024!

No state has passed any Anti-Drag legislation in 2024 and it appears that none will!

As of today, with one exception, all of the states that have introduced anti-drag legislation have adjourned for the year.  Further, these state legislatures are on the second year of their congress, so all legislation has died and will not carry over into 2025 unless it is re-introduced.  

The only exception is Ohio which has a “year round” legislature.   There is one bill, HB245 that is still out there, but there seems to be little legislative interest in this bill.  It was introduced in July of 2023, got a bunch of early co-sponsors, then in November of 2023 got a hearing, then silence.     So, I an predicting that this legislation will also die when the Ohio legislature adjourns at the end of this year.  But, we will keep an eye on this.   

Most of these bills that were introduced in 2024 were “messaging bills” meaning that these legislators really were not serious about passing them into law, but rather using them for political purposes to engage their constituents/base.  Thus, I had predicted that we would not see any huge movement on these anti-drag bills given that these legislators have moved on to the next topic to “scare” their constituents.   The national/state narrative remains Immigration and Women’s Health Care Rights.  

I do not see the drag legislation re-emerging in any meaningful way in the future. 

 

February 16, 2024

 

The 2024 state legislative sessions have been relatively quite so far which is a good thing.  Only 11 bills in six states have been introduces around drag shows.  Those states are Missouri with four bills, West Virginia with three bills, and then with one bill each:  Nebraska, Oklahoma, South Carolina and South Dakota.

I honestly think the whole "drag show" issue has lost most of its political steam.  What we hear more about this year is immigration which is consuming a great deal of the national political narrative.  As regular readers will recall, most of last years anti-drag legislative pushes were political in nature to drive up energy in elected officials' base of support, not to really address any issues or to pass legislation.  That is why we only saw a few anti-drag/library bills pass last year, and we are seeing only a few being introduced this year.   I will also note of the bills that were signed into law last year, a majority of those were challenged in court and were declared unconstitutional and were not appealed, a sign that the governments/legislatures were not serious about the issue. 

I do want to note a few concerning pieces of legislation that have been introduced in 2024.

In South Carolina, H3616, the "Defense of Children's Innocence Act" seeks to define any business where a drag show is held to be by definition a sexually oriented business and subject to all local ordinances related to a sexually oriented businesses.  So, if a non-profits has a drag story book hour, they would now be considered an adult business.  This bill has 20 sponsors but luckily no committee hearings have been scheduled and a similar bill from 2023 also went nowhere.

In North Dakota, SB184, the bill would prohibit minors for seeing any drag performance.  The language is vague enough that I can't tell if it would include just a story hour, which is probably the point.

In Oklahoma, HM 3135 would prohibit any state funds from being used at libraries or schools to promote or provide instruction on "drag queens" or sexual orientation topics. 

In Nebraska,  LB371 would prohibit any person under 19 from seeing a drag show of any kind.  So, again, no drag story time.  I will note there is a Judiciary hearing set for this bill on March 24 at 1:30 pm in room 113 at the Capitol. 

Lastly, in West Virginia, SB224, the legislation would prohibit the state from funding drag shows.  This is basically a library or school anti-drag story hour piece of legislation. 

Hopefully there will not be too much movement of these bills, but stay aware and make sure you tell your elected officials you oppose these pieces of legislation. 

 

July 27, 2023

There has been one major update in the past couple weeks that advocates should be aware of. In Ohio, which is a year round legislature, legislators have introduced a very concerning piece of anti-drag legislation. H.B. 245 was introduced on July 17th. While it has no companion legislation in the Senate. and there are no hearings scheduled, it does have around 40 co-sponsors which is concerning.

H.B. 245 seeks to regulate adult cabaret performances located in locations other than adult cabarets. This is a different than other bills across the county who just seek to “regulate adult cabaret performances.”  By adding “in locations other than adult cabarets” that tells me that their sights are set on something else- like libraries or theatres, etc.

What we will need to watch for is if there is any movement, more co-sponsors, hearings scheduled or any public comments being made on the floor of the House, etc. This could be a “messaging bill” which seeks to show constituents that the elected officials are responding to a perceived “threat” (but the elected officials don’t actually plan on putting any actually legislative energy behind it). We will have to wait and see.

Lets explore the legislation.

The bill reads:

"Adult cabaret performance" means a performance in a location other than an adult cabaret that is harmful to juveniles or obscene and that features topless dancers; go-go dancers; exotic dancers; strippers; performers or entertainers who exhibit a gender identity that is different from the performer's or entertainer's gender assigned at birth using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers; or other similar performers or entertainers who provide entertainment that appeals to a prurient interest, regardless of whether or not the performance is for consideration.

Notice the underline section which I underlined. Harmful to juveniles OR obscene. Not “AND” but “OR.” Further the section goes on to say that obscene would be someone who is just in drag.

Later on in the bill, it reads:

(17) "Harmful to juveniles" and "obscene" have the same meanings as in section 2907.01 of the Revised Code.

Meaning, the bill equated being Harmful (which I don’t know how one quantifies that) to being obscene.

The Bill also reads:

(2) No person, with knowledge of its character or content, shall recklessly engage in an adult cabaret performance in a location other than an adult cabaret.

So, given that by previous definitions, any drag performance is obscene, can not be perform drag outside an “adults only” venue. In other words, no libraries, schools, pride parades, theatres, etc.

Lastly, Penalties:

Whoever violates division (B)(2) of this section is guilty of unlawful adult cabaret performance. If the performance involved occurs in the presence of a juvenile under eighteen years of age, except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the performance involved is obscene, except as otherwise provided in this division, a violation of this section is a felony of the fifth degree. If the performance involved is obscene and a juvenile to whom it is presented is under thirteen years of age, a violation of this section is a felony of the fourth degree.

This bill make performing drag in front of juveniles a felony.

In conclusion, this bill is quite severe and if passed would be absolutely terrible and probably unconstitutional. Americans for the Arts is currently working with CreativeOhio and the Ohio Alliance for Arts Education to monitor and respond to this legislation as needed.

June 20, 2023

This is likely my last weekly Drag Legislation update as I don’t see any further movement of legislation this year. I will continue to monitor, but I don’t think weekly updates will be necessary.

That said, this past week two things happened.

Texas Governor Greg Abbot signed SB 12 which was expected.  As I have reported, SB12 doesn’t mention drag shows, but the language is still vague enough that it could be used by some local prosecutor to try to prohibit a drag story hour, etc. 

The other development is that Arizona Governor Katie Hobbs, as expected, vetoed four pieces of anti-drag legislation. SB1012, SB 1028, SB1030 and SB1698. I do not think there is enough support in the Arizona legislature to override her vetoes.

Check out Americans for the Arts’ Threats to Free Artistic Expression web page for a complete run down of the legislative season. I will continue to update the page.

June 9, 2023

There are no major updates on drag legislation this week except that we are still waiting on the Texas Governor to sign SB12, a bill that regulates sexually oriented performances. It doesn’t mention drag shows, but the language is still vague enough that it could be used by some local prosecutor to try to prohibit a drag story hour, etc. So, it is on our radar, but I will note that there were 7 other bills in Texas that did not advance this legislative session which did explicitly seek to regulate drag performances which did not make it out of committee.

The only other state that is still in session with pending viable drag legislation is Arizona. The Arizona legislature has been on break since May 16th and comes back into session today. They are scheduled to adjourn June 16. So, we will keep an eye on Arizona.

We have also added some resources on the main webpage under the Voices from the Field and Resources sections along with an concise overview of the bills that have been passed into law.

June 3, 2023

Happy Pride Month! Some good news to kick it off!

Over the weekend, U.S. District Judge Thomas Parker (who was appointed by President Trump) ruled that the new Tennessee law prohibiting drag shows in libraries (or other places kids could see one) was unconstitutional.

Judge Parker wrote that the measure was passed “for the impermissible purpose of chilling constitutionally-protected speech.”

It is also worth noting that the Tennessee Attorney General did not immediately move to appeal the Judge’s decision, but rather stated he would appeal the ruling “at the appropriate time.”

Please see the Washington Post article on this topic.

May 26, 2023

With one exception, there are no big updates on drag legislation for this week.

That exception is in Texas where SB 12 is moving through the legislative process.

The original version of the bill from March, stated:

B) a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience;

But, the current version of the bill has removed this language and no longer targets drag legislation, but generally seeks to “protect children from sexually explicit performances.”

The problem is the bill’s language is vague when defining a “sexually explicit performances.” As this article mentions, this could be interpreted to include a Miley Cyrus concert.

So, stay tuned for more information on this bill which is now in a conference committee where we hope they will offer more clarity on a “sexually explicit performance.”

To recap where we stand. 23 state legislatures have adjourned for the year. Many more are set to adjourn in the coming weeks.

The current live bills are in: Arizona (four bills – adjourns May 31), Missouri (5 bills – adjourns May 30), Alabama (adjourns June 8), Nebraska (adjourns June 9), Oklahoma (2 bills - adjourns May 31), Texas (6 bills – adjourns May 29th) and South Carolina (2 bills- in a special session). Please note that legislatures can always change when they adjourn. Check out the National Conference of State Legislature’s calendar.

Getting out my crystal ball, I would guess that the only states where further action might happen is in Arizona (but the governor will likely veto any legislation), Texas and maybe Missouri. Time will tell.

That said, of the 45 pieces of legislation, only 6 became law so far and many of those were amended to water down the drag regulations.

- Tennessee passed two companion bills that do regulate library story hours.

- Arkansas passed legislation on obscene materials and children. This is a library bill, but it focuses on books, not story hours.

- North Dakota passed legislation on regulating obscenity. The bill originally contained references to drag performances but that was deleted.

- Florida passed legislation seeking to protect children from obscenity/adult performances. There is no reference to drag performers, but some of the language could be broadly interpreted to interfere with legitimate artistic performances. But, overall, this bill probably won’t affect the arts field.

- Montana passed legislation that does in fact ban library (or other public property) Drag Story Hour.

So, to put this all into perspective.

45 total bills

5 bills (with Tennessee’s two bills counting as one) becoming law

2 actually ban Library (or school) Drag Story Hours

3 more seek to protect children from obscene materials/performances, but do not seek to regulate drag performances or the arts in general.

May 22, 2023

Things are still slowing down, but some movement in two states this past week.

In Florida, the governor has signed the S.1438, titled “protection of children,” which as I have previously reported is a bill that could have an effect upon drag performances. While it doesn’t address drag performances, etc., there is one line that could cause concern:

2. Is patently offensive to prevailing standards in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present;

Our state group, the Florida Cultural Alliance continues to monitor and gain a better understanding of the reach of this new law.

In Arizona, after some amendments and debate, the House has sent back to the Senate four bills for their consideration:

SB 1698 which is concerned with penalties for exposing minors to adult content.   Cabaret Performances are briefly mentioned in the definition section:

"cabaret" means an adult oriented business licensed to provide alcoholic beverages

SB 1030 which seeks to regulate adult businesses and list “drag shows” as part of the list of activities that an adult business could engage in.

SB 1028 which also seeks to regulate adult businesses.

Lastly, SB 1026, which basically seeks to prohibit activities such as Library Drag Story Hours.

Of the four pieces of legislation, the first three are not too concerning as they are concerned with adult businesses. Unfortunately, the last bill could have some unintended consequences upon libraries and schools. In addition to outright banning of drag story hours, these institutions might act overly cautiously in the selection of school plays, etc. For example, the play Peter Pan where Peter is often played by a female.

I will also note that Arizona is confusion me. They were supposed to adjourn on May 5th, but now that has been moved to May 31st. But I have also seen a note that they might well into June before adjourning.

May 5, 2023

Things are slowing down as the majority of state legislatures are adjourning for the year. So, we will have a little respite for the balance of the year, but these bills will be eligible for consideration next year in most of the states.

In my last report, I noted Montana was on the verge of passing anti-drag legislation. That has now happened and the legislation is now waiting for the Governor’s signature. Unfortunately, during conference committee, some potentially negative language has been added back in. I say “potentially” as the language could be open to interpretation…The new language states:

Where sexually oriented performances are prohibited. (1) A library that receives any form of funding from the state may not allow a sexually oriented performance as defined in [section 1] on its premises. (2) A school or library that receives any form of funding from the state may not allow a sexually oriented performance or drag story hour, as defined in [section 1], on its premises during regular operating hours or at any school-sanctioned extracurricular activity. (3) A sexually oriented performance is prohibited: (a) on public property in any location where the performance is in the presence of an individual under the age of 18; and (b) in a location owned by an entity that receives any form of funding from the state

Based upon my reading, this bill should not effect drag story hours as these performances are not sexual in nature. But, I do worry that this might have a stifling effect on librarians who might otherwise permit drag story hours as they might worry about being in violation of the law.

A new bill has been introduced in the US Senate. S.1503, a bill to prohibit the use of Dept. of Defense funds for adult cabaret performances. The legislation has been referred to the Armed Services Committee. I do not see the Senate taking action on this bill. The bill was introduced by Montana Senator Steven Daines with four co-sponsors: Budd (NC), Cotton (R-AR), Cramer (R-ND) and Rubio (R-FL).

As I noted, state legislatures are going out of session, so there will be less news coming out of the states. So far, 22 states are either out of session or close to going out of session. I will note that state legislatures can always be called back into session if needed to address a timely concern, but it would be doubtful that this would on this issue. Those states who are out of session are: Alaska, Arizona, Arkansas, Florida, (5/20), Georgia, Idaho, Indiana, Kansas (5/26), Kentucky, Maryland, Mississippi, Montana (5/21), Nebraska (5/28), New Mexico, North Dakota (5/19), South Dakota, Tennessee (5/18), Utah, Vermont (5/21), Washington, West Virginia, and Wyoming. The only other states with pending drag legislation that are not adjourning this month are: Texas (6/28), South Carolina (technically year round but 6/1 date for active session), Oklahoma (6/2), Iowa (6/16), Missouri 7/14) and Minnesota 6/4).

April 26, 2023

Not a lot updates this week.

As reported last week, ND HB1333 was indeed signed by the governor.

Montana HB359 – A conference committee has been appointed to work out the differences.

Our advocates at the Florida Cultural Alliance, let us know about S.1438 a bill that could have an effect upon drag performances has passed the house and senate. The bill is generically titled: Protection of Children.   While it doesn’t address drag performances, etc., there is one line that could cause concern:

2. Is patently offensive to prevailing standards in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present;

This line is very broad and could cause confusion and/or groups acting overtly cautious. Stay tuned for more info.

Other than that – there are no other updates.

April 21, 2023

As I reported last week, in North Dakota, the legislature has passed HB1333 but now has sent it to the governor for his likely signature. I had noted that this bill no longer applies to drag performances and wanted to show you how the language has been positively amended. I will likely stop tracking this bill once the governor signs it as it no longer applies.

When the bill was introduced on January 11, it stated:

Restrictions on adult-oriented performances - Penalty. 1. As used in this section, "adult cabaret performance" means a performance in a location other than an adult cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration.

The final version that is being submitted to the governor states:

Restrictions on adult-oriented performances - Penalty. 1. As used in this section: a. "Adult-oriented performance" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks

Another positive amendment process has occurred in Montana for HB359. The bill originally passed the state house, the state senate has amended it and it is now back in the state house to agree to the senate amendments. The amended version reads:

"Drag performance" means a AN OBSCENE performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs for entertainment to appeal to a prurient interest that features drag queens, topless dancers, exotic dancers, strippers

So, this legislation makes it clear that it applies only to an “obscene performance.” Thus, after the amendment process, this legislation applies only to adult businesses which can choose to have adult versions of a drag performance, but nobody under 18 can be admitted. In other words, just like a bar that serves alcohol, people under 18 can’t be admitted.

I want to note what could be becoming a trend. Even in conservative states, the amendment process is seeing these pieces of legislation being stripped of their references to drag shows and only seeking to regulate “adult businesses.” These changes are being done quietly and without much fanfare. I am also hearing less national media on drag show legislation too. So, while we should all remain vigilant, we are hopefully on the downward trend on this topic.

Given the evolving nature of news and legislation on this topic, Americans for the Arts has created a dedicated resource web page on these Threats to Free Artistic Expression. The web page has background information, up to date real time status of legislation, sample testimony, weekly news and field updates, and more. As always, Americans for the Arts continues to work with our state and local advocates to monitor or act upon this legislation.

April 14, 2023

It was thankfully a slow week in the states regarding Drag Legislation.

Last week I reported that in North Dakota, HB1333 was in conference committee (see below).  Since then, the committee came to an agreement on the legislation, sent it back to the House which has approved it and it is now pending in the Senate, which will likely also approve. The Governor is expected to sign it into law. I will remind you that this bill was highly amended and references to drag or cabaret have been deleted. It just now regulates “adult businesses.”

Two bills in Arizona have moved forward. SB 10128 which is a library bill, and SB 1030 which regulated permits for adult businesses adding drag shows, both passed the Senate. As these bills have passed both the Senate and House, they are ready to be presented to the Governor (who will likely veto them). Interestingly enough, the legislature appears to have not yet transmitted them to the Governor for her signature (or veto).  I am sure there will be more next week.

Other than that, there were a couple committee hearings.

April 7, 2023

Something interesting in going on in North Dakota. HB 1333 was introduced in late June seeking to regulate Drag/Cabaret performances in adult businesses. There seems to have been a lot of amendments to this bill. Currently, the bill is silent to Drag Shows or Cabaret performances. Meaning, it is just regulating nudity. I have included the last two versions of the legislation which the ND House and Senate have separately passed, and given that they are not identical, (see red text) and the House has refused to accept the Senate’s version, a conference committee has been appointed. 

3/29/23 House Version

A new section to chapter 12.1-27.1 of the North Dakota Century Code is created and enacted as follows: Restrictions on adult-oriented performances - Penalty. 1. As used in this section, "adult-oriented performance" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: a. The purposeful exposure, whether complete or partial, of: (1) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (2) Prosthetic genitalia, breasts, or buttocks; or b. Sexual conduct. 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult-oriented performance: a. On public property; or b. In a location where individuals under the age of eighteen are admitted or allowed.

4/3/23 Senate Version

A new section to chapter 12.1-27.1 of the North Dakota Century Code is created and enacted as follows: Restrictions on adult-oriented performances - Penalty. 1. As used in this section: a. " Adult-oriented performance" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks; or (2) Sexual conduct. b. "Public property" means real property in which a state agency or a political subdivision has an ownership interest. 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult-oriented performance: a. On public property; or b. At a business establishment frequented by minors, or where minors are or may be invited as a part of the general public.

Either way, if this bill passes, it no longer influences artistic performances. I will likely drop this piece of legislation from my tracking list once everything is final if Drag/Cabaret are not added back in – which I doubt will happen.

I would count this as a win for the Arts.

Arkansas: As I reported last week, the Arkansas House and Senate passed a library/school drag performance bill. Since then, Governor Huckabee has signed that piece of legislation into law. As I stated, this bill doesn’t directly say Drag/Cabaret, but has a nebulous “sexual excitement” clause. I don’t think this really has an effect upon artist performances, but still want to report out on this.

Arizona: There are four pieces of legislation that have now passed both legislative chambers in Arizona. The various pieces of legislation, collectively seek to regulate Drag Performances in schools and libraries and add drag performances to the definition of an adult business regulations. It is highly expected that Governor Hobbs will veto this legislation if presented to her for her signature.

Montana: HB 359 has passed the House and is now pending in the Senate. Montana’s legislation, which seeks to prohibit minors from attending drag shows, has some unique language clarifying what types of drag performances are covered: See Red Text which was added as an amendment.

NEW SECTION. Definitions. As used in [sections 1 AND 2], the following definitions apply: (1) "Drag performance" means a performance THAT - 2023 68th Legislature 2023 HB0359.2 FEATURES TOPLESS DANCERS, EXOTIC DANCERS, STRIPPERS, OR MALE OR FEMALE IMPERSONATORS WHO PROVIDE ENTERTAINMENT THAT APPEALS TO A PRURIENT INTEREST, REGARDLESS OF WHETHER OR NOT PERFORMED FOR CONSIDERATION. (2) "Nude" means: (a) entirely unclothed; or (b) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breast below the top of the areola of the breasts if the person is female or any portion of the genitals or buttocks. (3) "PRURIENT INTEREST" MEANS HAVING A TENCY TO EXCITE LUSTFUL THOUGHTS. (4) "Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that: (a) provides for an audience of two or more individuals: (i) live nude entertainment or live nude performances; or (ii) a drag performance; and (b) authorizes on-premises consumption of alcoholic beverages.

Given this definition, artistic performance would mostly likely be excluded from this legislation. But, that said, it only takes one prosecutor or sheriff to try to push the meaning of the law. But, this is still a good development.

That is it for major changes this week.

March 31, 2023

This was a relatively quiet week for drag legislation in the states.

The one movement was in Arkansas where the Senate Passed SB81, a library/school bill that touches upon “adult performances.” The legislation does not mention Drag or Cabaret performances. But, it is kinda close, so I am including it.

The legislation seeks to regulate: A performance, exhibition, transmission, or dissemination of any of the items listed in subdivision (a)(4)(B)(i) of this section; and (iii) A live performance or exhibition that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 5-68-501, to the public or an audience of one (1) or more persons.

The legislation goes to Governor Huckabee for her signature which we can expect.

I will note that the legislation expressly exempts museums by stating:

No employee, director, or trustee of a bona fide museum, acting within the scope of his or her regular employment, is liable to prosecution for a violation of this subchapter for disseminating a writing, film, slide, drawing, or other visual reproduction that is claimed to be obscene.

March 24, 2023

A few more bills were introduced this week bringing the total to 41 bills in 17 states. I will note that some of these 41 are companion or duplicate bills in various states. For example, Texas has 7 pieces of legislation that all relatively have the same purpose. Missouri has 5 pieces of legislation.

Some new ones:

  • Arizona SB 10028 defines “Adult Cabaret.” I will note that in the definition provided, it states  “sexually explicit.”
  • TX SB 2281 regarding “Obscene Adult Cabaret.”

In both of these pieces of legislation, notice the slight shift in language. “Sexually explicit” “Obscene” Not just “Cabaret” or “Drag” These expanded definitions seem to indicate that the authors are trying to avoid the traditional theater, etc. Still bad legislation, but better.

I was on state arts leaders call yesterday, and an advocate from Kentucky related a story about them educating a state legislator, who was a co-sponsor of one of anti-drag legislation, about the unintended consequences. That legislator was involved in the theater himself and had just been in (or directing) a play that used females to play male roles (as they didn’t have enough male actors). Once he realized that he would have been in violation of this proposed law, he went back to his fellow legislators and killed that piece of legislation. Congrats to Kentucky and other state advocates who are educating their state leaders.

In Nebraska today, there is a hearing on their legislation. The State Advocacy Group is testifying at the hearing, but they are keeping it low key as they have done the vote count, and it doesn’t appear that it will proceed, especially since the committee chair is against it.

Some other movement this week:

  • There will be a hearing on 3/29 for AZ 1030 which regulates adult businesses.
  • There will be a hearing for AR SB81 which is about libraries
  • AZ SB 1026 passed out of house committee. The bill has already passed the Senate. This legislation regulates using public funds for drag performances (libraries/Schools). Given its speed in moving through the House, this could be passed and sent to the governor, who will likely veto it.
  • OK HB 2188 in another positive move, there was a floor amendment proposed for this legislation to add/define drag performances as “flamboyant personas…. Exaggerated costumes. “ While this is a good amendment, which would help with traditional theater, it probably doesn’t go far enough to offer solid protections.
  • TN HB 0009 I believe this is a companion bill to SB 0003, a library bill. It was signed into law along with SB0003. Two bills singed into law, but only one new law.
  • MT HB 359 This one passed the house back on 2/27 and was just finally referred to a senate committee.

That is about it for this week. Some movement, but still slowing down and I am hearing less noise about this in the media. Our state arts advocates continue to monitor but are taking a behind the scenes stance as that is the wisest course of action at this point.

March 17, 2023

It seems like it was a slow week with regard to pending Drag Performance legislation.

There doesn’t appear to be any new pieces of legislation that have been introduced.

There is an upcoming hearing in Nebraska on LB371 which prohibits minors from watching Drag Performances. The hearing is on 3/24. Note that Nebraska has a unicameral legislature (only one chamber).

  • AZ SB1030 on 3/16 this bill passed the senate and went to the house. It adds drag to adult oriented business regulations.
  • AZ SB81. Concerning Libraries and drag shows. Passed the House and returned to Senate w/ Amendments.
  • KY HB173, which was a larger education bill, which included language that could be considered to prohibit drag performances in schools, was withdrawn by its sponsor. So, it is dead.

That is about it for this week.

March 10, 2023.

There has been only one new bill introduced: Texas’ HB4378. This one is unique taking a page from how Texas is enforcing abortion bans by allowing people to sue providers. This Legislation states:

An individual who attends a drag performance as a minor may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the drag performance that occurs before an audience that includes the minor.

The positive thing is this has one sponsor, no hearings are scheduled nor has it even been assigned to a committee. But, the Texas Legislature goes through May 29th, so there is time. We will watch this piece of legislation.

Tennessee’s SB0003 remains the only piece of legislation that has been signed into law.

AZ SB 1026, which prohibits state money to be used for drag shows targeting minors (ie. Library and schools) passed the Senate and has been assigned to house committees, but other than a proforma action yesterday, no hearings have been scheduled. I will also note that this measure passed the Senate by a relatively close vote 16-13-1. Plus, I am certain that Governor Hobbs would veto this measure which, based on the senate vote, could not override the veto.

KY SB115 which seeks to regulate adult oriented businesses is set to be voted on today in the Senate. It will likely pass.

Again in TN - HB0030 passed the house and is sitting in the senate, but no committee assignments. This one is also unique. It requires drag performers to get a permit from the state to perform. I have seen this reported on national news. Basically, drag performers would have to “register” with the state. The legislation reads:
A person shall not provide adult cabaret entertainment for compensation without a valid permit issued by the board pursuant to this part.

The Tennessee legislature adjourns on May 6th. Hopefully we can run out the clock on this one. I have been in contact with arts advocates in Tennessee who are working behind the scenes on this topic.

There has not been movement on SC H3616 which is the one piece of legislation that does really worry me.

March 3, 2023

Continuing off last week’s email about the Tennessee legislation, Governor Lee in fact signed it yesterday. This should not be a surprise. As a reminder, this bill is targeting libraries, but it only takes one local sheriff or prosecutor to try to make a name for themselves and do something outside of the legislation’s intent. Which would likely be struck down by the courts, etc. But, still, time and money. See below for the specifics of the Tennessee law. News reports from LGBTQ groups are rightly concerned about Pride celebrations, etc.

This is the only piece of legislation that has been signed into law.

I will note that Montana’s HB359 which passed their house has been amended to more closely match the language of the Tennessee law, but with an added definition:

"PRURIENT INTEREST" MEANS HAVING A TENCY TO EXCITE LUSTFUL THOUGHTS. (this is an exact copy of the language, I think there might be a typo with “tency” should be “tendency.” )

To me, this would exclude traditional arts, theater, musicals, etc. This is a good development which will help to protect the arts and culture.

  • Arizona’s SB81 passed the house and is in a Senate Committee. This again is focused on Libraries and drag story hours in schools.
  • North Dakota’s HB1333 has passed the house and is now in the senate. Again, libraries. The language of all four bills is very similar.
  • The other 34 pieces of legislation are pending in committees.
  • The South Carolina legislation, which has the most problematic language has not seen any movement.

February 24th, 2023

There has been another development in the Drag Performance legislation.

The Tennessee House passed SB 0003 yesterday. The Senate passed this on 2/9. It appears this will go to the Governor to sign.

I didn’t originally pick this up as it used a different term “adult cabaret performance” rather than “Drag.” I have added this search term.

Here is what the bill says.

"Adult cabaret performance" means a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration"

While this piece of legislation is unfortunate, I think our key saving term here is “prurient interest.” A traditional arts program would not qualify here, as it isn’t prurient in its nature.

The target here is drag queen library story hours as the legislation states:

(c) (1) It is an offense for a person to engage in an adult cabaret performance: (A) On public property; or (B) In a location where the adult cabaret performance could be viewed by a person who is not an adult.

Note it says “public property.” While some arts facilities are owned and/or on public property, the main target is libraries or schools. So, a performer in drag in a theatrical play won’t be included in this as the play isn’t overall a sexual performance, but if a theater sent that performer in drag solo into the schools, then there would be an issue.

To recap:

Based upon the expansion of the search parameter, there are now 37 pieces of legislation in 16 states: AR, AZ(4), IA, KS(2), KY(4), MN(2), MO(3), MT, ND, NE, OK(3), SC, SD, TN(4), TX(4) and WV(4).

Three pieces of legislation are progressing having passed at least one chamber: AR SB81 (libraries), ND HB1333 (adult cabaret performance), TNSB0003 (libraries).

February 23, 2023

I wanted to provide you with an update on the various state drag performance legislation. Currently, there are 29 bills that have been introduced. The vast majority are sitting in committee. Some have had a hearing, others haven’t.

Arkansas SB 81 did pass the senate and looks like it will pass the house. But, this piece of legislation is solely concerned with libraries. (drag queen story hours). The legislation overtly exempts museums. So, while this legislation is not positive, it won’t have an effect on our arts groups.

A little more concerning. South Carolina H3616 the “Defense of Children’s Innocence Act”.

While other bills make sure to point out that they are only talking about “adult oriented businesses” which our arts groups are not, this one does not do this. Rather it states:

Section 6-1-200. (A) Any business where drag shows are held is deemed to be a sexually oriented business for all local ordinances relating to a sexually oriented business. A local government must enforce such ordinances against a business that holds drag shows in the same manner as set forth in the ordinance.

In other words, it states the reverse. Any business that hosts a drag performance is automatically considered a “sexually oriented business” This could prove problematic. I have alerted the South Carolina Arts Alliance about this legislation.

The good news, it doesn’t seem to have much support. No Committee hearings,  only 8 bill sponsors. But, we will keep an eye on this.

I will also note that state legislatures are starting to adjourn for the year. Virginia ends this week and 5 or 6 more in the next few weeks. So, we can also hopefully play out the clock on this too.

February 9, 2023

While there has been some movement in a couple states, (Arkansas seems to be at the forefront) mostly prohibiting drag shows in schools, there doesn’t seem to be any overlap with the arts.

For example, in this article, Arkansas Republican state Rep. Mary Bentle, who is the key sponsor of the Arkansas legislations states:

“We’re not trying to be anti-anybody, anti-trans, anti-anything, we’re just trying to protect our kids,” said Bentley, who acknowledged at the hearing that schools expressed concerns that student performances might be targeted if costumes had exaggerated anatomical features or had certain types of singing and dancing. “We’re not trying to stop plays. We’re not trying to stop Peter Pan, or Tootsie, or any of those things.”

I will continue to keep an eye of this.

February 8, 2023

I took a quick look at these pieces of legislation, they seem to be more concerned about “Adult-Orientated Businesses”   which are often defined as: adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, a nude model studio, or a drag performance

While these pieces of legislation do not carve out an exception for the opera or theater, the above definition does not seem to apply. Again, this calls out “adult-oriented business” which does not cover these groups.

Regarding schools, I don’t think for example, an opera group would be in violation of any new law if they brought in a performance to a school which might feature an actor dressed as the opposite sex as the performance is not adult in nature. (it is telling a story, not being overtly sexual). The Arizona legislation calls out ”Drag Show Performances” in schools. I would argue that any opera or theater would not be classified as a “drag performance” but rather the theater or the opera.

I pasted a few parts of the 21 pieces of legislation below for everyone's review.

In conclusion, I don’t think any of these pieces of legislation threaten our arts organizations. We shall see if this issue has any legs or just fades away which is what happened with many of pieces of school bathroom legislation a few years ago. Scores of pieces of legislation were introduced, but very few were actually enacted.

The Underlined words are my emphasis

Arizona

35-196.06. Use of state monies prohibited; drag shows targeting minors; definition

A. Notwithstanding any other law, tax monies of this state, federal monies passing through the state treasury or any other state monies may not be used by any person or entity, including any state-funded institution or facility, for a drag show targeting minors.

B. Notwithstanding any other law, tax monies of this state, federal monies passing through the state treasury or any other state monies may not be distributed to any person or entity, including any state-funded institution or facility, that operates a drag show targeting minors.

C. For the purposes of this section, "Drag show targeting minors" means a show or performance for entertainment at which a single performer or group of performers dress in clothing and makeup opposite of the performer's or group of performers' gender at birth to exaggerate gender signifiers and roles and engage in singing, dancing or a monologue or skit in order to entertain a target audience of persons under eighteen years of age.

Texas

Sec. 102.051.  DEFINITIONS. In this subchapter: (1) "Drag performance" has the meaning assigned by Section 243.002, Local Government Code. (1-a) "Nude" means: (A) entirely unclothed; or (B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks. (2) "Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that: (A) provides for an audience of two or more individuals: (i) live nude entertainment or live nude performances; or (ii) a drag performance; and (B) authorizes on-premises consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is under a license or permit issued under the Alcoholic Beverage Code.

Montana

NEW SECTION. Definitions. As used in [sections 1 through 2], the following definitions apply: (1) "Drag performance" means a performance in which a performer exhibits a gender identity that is different than the performer's gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs for entertainment to appeal to a prurient interest. (2) "Nude" means: (a) entirely unclothed; or (b) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breast below the top of the areola of the breasts if the person is female or any portion of the genitals or buttocks. (3) "Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that: (a) provides for an audience of two or more individuals: (i) live nude entertainment or live nude performances; or (ii) a drag performance; and (b) authorizes on-premises consumption of alcoholic beverages.

West Virginia

  1. "Adult-oriented business" means an adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, a nude model studio, or a drag performance; and
  2. (b) Enactment of section . – An adult-oriented business shall not be located or conduct performances:
    1. (1) On public property, such as at schools or at libraries; or
    2. (2) Where a minor can view what the adult-oriented business is otherwise offering to the public that qualifies it as an adult-oriented business.

February 7, 2023

There are 21 “drag performance” bills so far in 11 states - I have updated the list below. (Tennessee’s bill was about drag races).

None have made too much progress, but as you know, at the state level, bills can move very quickly. See the attachment

The states are:

Arizona (4 bills), Kansas, Minnesota, Missouri (2 bills), Montana, Nebraska, Oklahoma (3 bills), South Carolina, South Dakota, Texas (4 bills) and West Virginia (2 bills).

The legislation is very similar to each other in these states. These legislators are likely getting the language from the American Legislative Exchange Council (ALEC).