The Tennessee House Criminal Justice Subcommittee on Jan. 31 voted to advance a bill that would ban drag shows from being conducted on public property where they can be viewed by children.
The bill defines an adult cabaret performance as “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.”
Currently, existing Tennessee law regards “male or female impersonators” as a form of adult cabaret performance.
Specifically, the bill would make it an offense for any person to engage in an adult cabaret performance on public property or in a location where the performance can be viewed by a person who is not an adult, i.e., those under the age of 18.
Ban Needed to Clear Up Confusion, Republicans Say
Those who violate the ban would be subject to a Class A misdemeanor first offense and a Class E felony on a second offense, which could carry between one to six years in prison.Finally, the bill also prevents cities or counties from, in the future, enacting and enforcing other ordinances, regulations, restrictions, or licenses that are in conflict with the bill.
If passed, the bill would take effect as of July 1, 2023.
Speaking during Tuesday’s vote on the bill, Todd said the bill was needed to clear up confusion in the law and ensure that adult performances can only be held in age-restricted venues. He noted that anyone who is found to be in violation of the law will be investigated by the district attorney, just like any other crime.
“This is a common-sense child safety bill that I would appreciate the committee’s support for,” Todd said. “There’s confusion in the law of what performances are covered. This clarifies what is crossing the line that is harmful to minors.”
However, some lawmakers raised concerns that the language in the bill targets a certain community but is also vague, which could have unintended consequences.
The bill does not specifically mention the term “drag shows.”
State Rep. Gloria Johnson (D-Tenn.), representing the Knoxville area, called for lawmakers to present more evidence suggesting that a child has been damaged by seeing an adult cabaret performance.
Democrats Want Evidence Drag Shows Are Harmful
“People are making assumptions when I haven’t heard any evidence that any of this has ever been harmful to anyone,” Gloria Johnson said.“I am curious as to why dancing but there’s nothing sexual in nature to these things. I don’t know if you have been to drag shows, I have. I have seen things in the community and I have not seen what people are saying is happening. I am curious about how many drag shows you’ve been to,” she said.
“Also, I am curious about why we’re targeting this because I am thinking about a place where men wear tights like WWE [World Wrestling Entertainment, Inc.] wrestling where at least one-third of the audience is children and do things like handcuff their opponent to a rail and shock their testicles. I think that’s kind of bad. But somehow someone dressing up and dancing is the problem? Because I can tell you that people at drag shows have more clothing on, as a rule, than folks in wrestling,” she continued.
That bill, sponsored by Sen. Gary Stubblefield (R-Ark.) and Rep. Mary Bentley (R-Ark.), was approved by the Republican-led Senate on a 29–6 vote along party lines.
All six of the chamber’s Democrat lawmakers opposed the bill, which was sent to the Republican-led House.
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