Federal judge strikes down Texas restriction on drag shows, offers people a ‘simple’ solution

A federal judge in Texas struck down a state-level ban on drag shows Tuesday, saying the law violated the First Amendment.

The ruling from U.S. District Judge David Hittner, a Reagan appointee, prevents Texas Attorney General Ken Paxton from enforcing the ban and also rejects Paxton’s request for a new trial on the case.

The Texas law, Texas Senate Bill 12, imposed up to a $10,000 fine on business owners for hosting drag show events. Performers at the events could have also been charged with a class A misdemeanor.

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Hittner offered advice to supporters of the law and “those who find such activities as described in this case offensive.”

“The solution is relatively simple … just don’t go,” he wrote.

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This is the second time Hittner has struck down the Texas law in a ruling. He did the same thing in 2023, but the 5th Circuit Court of Appeals handed the case back down with further instructions on how to decide the case.

The Texas law sought to justify its ban on the claim that drag shows appeal to “the prurient interest,” but Hittner brushed that claim aside.

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“There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he wrote, going on to list “cheerleading, dancing, live theater, and other common public occurrences,” as activities that could be banned under the law.

Hittner also referenced Dolly Parton, saying her performances could easily have met the definition due to her being “a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure.”

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The ruling comes weeks after a federal appeals court approved a Florida law restricting children from sexually explicit performances, including many drag shows.

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The Florida law defines an “adult live performance” as a live show that “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts” and that also predominantly appeals to a “prurient, shameful, or morbid interest,” is “patently offensive” for the age of the child present and, taken as a whole, lacks serious literary, artistic, political or scientific value for that child’s age.