A federal judge in Texas struck down a 2023 state law Tuesday that sought to restrict drag shows, ruling it was unconstitutional.
U.S. District Judge David Hittner, a Reagan appointee, said the measure, known as Texas Senate Bill 12, improperly restricted speech, violating the First Amendment of the Constitution. The ruling prevents state Attorney General Ken Paxton, who is running for the Senate, from enforcing the law and denies his motion for a new trial.
In the ruling, Hittner also had advice for “those who find such activities as described in this case offensive.”
“The solution is relatively simple ... just don’t go,” he wrote.
Paxton’s office did not immediately reply to a request for comment Tuesday night.
The state law would fine business owners who were found to be in violation up to $10,000 for hosting events, while performers could be charged with a Class A misdemeanor, which could result in up to one year of jail time.
The statute, which has been the source of a yearslong legal battle, has made its way to Hittner’s courtroom before. Hittner first deemed it unconstitutional and a violation of the First Amendment in 2023, but the 5th U.S. Circuit Court of Appeals returned it to him in November, lifting a pause on the law and giving him specific instructions about how to reassess it.
It went back into effect last year following the appeals court ruling.
Texas is among a handful of states that have passed legislation to restrict drag shows.
Hittner struck down the law Tuesday after having followed the framework the higher court asked him to follow.
In his ruling, Hittner mentioned Dolly Parton, whose death was announced Tuesday, and criticized the law’s definition of banning performances that “[appeal] to the prurient interest,” citing people who would chastise Parton “as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure.”
“There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he wrote.
One of the plaintiffs in the case, a drag queen who performs under the name Brigitte Bandit, impersonates Parton in her performances.
Bandit celebrated the ruling on social media Tuesday, posting a screenshot of the decision and captioning it, “Drag is free speech, b----.” She announced she would also perform as Parton, who gave her a rhinestone guitar as a gift in 2023, at an Austin bar Saturday in her honor.
Hittner added that the law was so overly broad as to lead even activities such as “cheerleading, dancing, live theater, and other common public occurrences” to be treated as civil or criminal violations. He also said that the law was vague on its face and that it failed “to give a reasonable person notice of what is prohibited.”
