Federal Judge Blocks Texas from Enforcing Drag Ban

metroweekly.com:

signed by Republican Gov. Greg Abbott earlier this year, prohibits businesses from hosting performances that feature nudity — real or simulated — or contain sexually-tinged content, as well as shows with any simulation or representation of sexual acts or the use of accessories that “exaggerate male or female sexual characteristics,” such as prosthetic breasts.Establishments that violate the law can be fined $10,000 per occurrence, while performers found in violation can face up to a year in jail, a fine of $4,000, or both.

To avoid violations, businesses wishing to host drag shows — even those void of sexual content — will likely have to card patrons to ensure they are over 18 years old.For businesses that are not explicitly bars or nightclubs, the cost of hosting a drag performance would outweigh the business they’d lose by instituting an age limit, thereby leading those venues to cancel such performances, which appears to be the main intent of the law.Critics of the ban have sued the state seeking to block the law from being enforced, arguing that it is overly broad and therefore ripe for abuse by state authorities or law enforcement.They may use their interpretations of the law’s language to target businesses or individuals for prosecution based on personal biases.

This could include individuals who are not in drag but are wearing clothing that doesn’t align with their assigned sex at birth.The lawsuit also argues that the ban should be overturned as unconstitutional for infringing on performers’ free speech and freedom of expression.Although the law was scheduled to take effect last Friday, a federal judge sided with the plaintiffs in the lawsuit and issued a temporary restraining order to block the state from.