A group of drag performers and LGBTQ+ rights advocates have filed a federal lawsuit seeking to block a new Texas law that expands what is considered an illegal public performance of sexual conduct, arguing it is meant to target drag shows and could also criminalize ballet and even cheerleading.
The lawsuit, filed Wednesday in U.S. district court in Houston by the American Civil Liberties Union on behalf of plaintiffs, contends that the law is unconstitutional and threatens the "livelihood and free expression of many Texans, including drag performers across our state."
Like Texas, Arkansas has a new law regulating adult-oriented performance that doesn't mention drag specifically but has raised concerns that it would be applied to drag performances. And Montana has a ban in effect that targets drag queen story hours, specifically. It would ban real or simulated groping, real or simulated arousal, and the display of a sex toy if done in a "prurient" manner in front of a minor or on public property. And it includes a definition of sexual conduct that bars the wearing of accessories or prosthetics that enhance the female or male form in front of a minor or on public property.
The lawsuit argues that the new guidelines could ensnare all kinds of performances in addition to drag shows, including touring Broadway plays, professional cheerleading routines and karaoke nights at a local club.
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