Tennessee Gov. Bill Lee. Photo via Lee’s Facebook.
U. S. District Court Judge Thomas L. Parker of the U. S. District Court for the Western District of Tennessee ordered a temporary injunction halting a just enacted Tennessee law that criminalizes some drag performances, hours before it was set to take effect April 1.
A Memphis-based LGBTQ theatre company, Friends of George’s, had sued the state of Tennessee, claiming the law unconstitutional under the First Amendment. In his 15 page order issued late March 31 Parker wrote:
“If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution. […] The court finds that, as it stands, the record here suggests that when the legislature passed this statute, it missed the mark.”
The theatre troupe, which had a scheduled April 14 performance, had argued in their motion for a restraining order: “This law threatens to force a theatre troupe into a nightclub, because Tennessee legislators believe they have the right to make their own opinions about drag into law. Plaintiff’s other option is to proceed as planned, knowing that the Friends of George’s drag performers could face criminal — even felony — charges.”
In their filing, the plaintiff’s also argued that as an example should in a performance a drag performer alongside a Tennessee Titan (a National Football League team in Nashville) cheerleader, with minor children present, that under the language of the anti-drag law, only the drag performer would be breaking the law.
“Thus, the prohibited speech is defined by the identity of the drag performer — and the message he conveys,” attorneys for Friends of George’s wrote, adding that by that definition, violates the First Amendment.
Parker, who agreed issued a temporary injunction which will expire in 14 days unless he decides to extend it for an additional period under the Federal Rule of Civil Procedure. The court will hold a status conference next week with all parties to schedule future hearings.
The office of Tennessee Attorney General Jonathan Skrmetti and Tennessee Gov. Bill Lee’s office did not immediately respond to requests for comment Friday night.
The theatre company tweeted late Friday: “Friends Of George’s was successful in the obtaining a temporary restraining order, which means that the “drag ban” will NOT go into affect at midnight tonight. This is a terrific first step in an ongoing battle.”
Mark Campbell, president of the board of directors of Friends of George’s, issued a statement that said in part: “We won because this is a bad law.”
The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com
