Judge Hittner: Blocks Texas SB 12 Drag Ban, Citing Dolly Parton

• U.S. District Judge David Hittner has again blocked Texas Senate Bill 12, a law targeting "sexual" performances in the presence of minors, citing its overbreadth.
• Judge Hittner referenced Dolly Parton's distinctive style, suggesting it could violate the law, in his supplemental findings of fact and conclusions of law.
• The legislation was challenged in August 2023 by drag performer Brigitte Bandit, LGBTQ rights groups, and entertainment companies.
• The Texas Attorney General's office has appealed the initial 2023 ruling to the 5th U.S. Circuit Court of Appeals, maintaining that the law does not ban drag shows.

Judge Hittner's decision highlighted significant concerns regarding the law's expansive scope, suggesting it could criminalize a wide array of artistic expressions beyond its stated intent.

U.S. District Judge David Hittner of the Southern District of Texas recently issued a new injunction, once again blocking the implementation of Texas Senate Bill 12 (SB 12), a state law widely perceived as a ban on drag performances. This latest ruling, delivered on a Tuesday, underscored the court's view that the legislation is overly broad. In a notable comment within his supplemental findings of fact and conclusions of law, Judge Hittner referenced country music icon Dolly Parton, who had passed away the previous day at age 80 in Nashville, Tennessee. The judge mused that Parton's distinctive "big hair, flamboyant clothes and breast exposure" could potentially fall afoul of SB 12's provisions.

The controversial Texas Senate Bill 12 aims to prohibit performances deemed "sexual" when conducted in the presence of minors, regardless of whether the venue is public or private. The legal challenge against this measure originated in August 2023, spearheaded by Austin-based drag performer Brigitte Bandit, alongside various LGBTQ rights organizations and entertainment companies. Their lawsuit contends that the law infringes upon protected expressive conduct.

Judge Hittner's decision highlighted significant concerns regarding the law's expansive scope, suggesting it could criminalize a wide array of artistic expressions beyond its stated intent. He drew parallels between Parton's iconic look and other historically scrutinized performances, such as Elvis Presley's "signature hip gyrations" and Miley Cyrus's "twerking onstage" at the 2013 MTV Video Music Awards. The judge emphasized that "erotic elements in countless popular performances" could be subject to both civil and criminal penalties under SB 12, thereby chilling protected speech.

This reasoning underscores the core argument that the Texas Senate Bill 12 injunction is necessary to protect First Amendment rights for drag performances in Texas. Brigitte Bandit, a key plaintiff in the lawsuit, voiced her frustration, stating that "No one should be punished for performing drag," and urged lawmakers to address "real dangers in our state instead of trying to divide and marginalize us." The court's findings reinforce the view that the law's vague definitions and broad prohibitions could stifle artistic expression and disproportionately impact the drag community.

The legal battle surrounding SB 12 is far from over, as the Texas Attorney General's office has already appealed Judge Hittner's initial 2023 decision to the 5th U.S. Circuit Court of Appeals in New Orleans. This ongoing 5th Circuit Texas drag ban appeal means the ultimate fate of the law remains uncertain, requiring continued vigilance from those involved in entertainment and event planning in the state.

Despite the court's repeated findings, the Texas Attorney General's office maintains that the legislation does not constitute a ban on drag shows. However, the consistent judicial blocking of the law by U.S. District Judge David Hittner against SB 12 underscores the judiciary's apprehension about its constitutional implications, particularly concerning free speech and artistic expression. The outcome of the appeal will significantly shape the regulatory landscape for performances across Texas.

Lawyers advising clients on free speech rights, entertainment regulations, or event planning in Texas should note this injunction against SB 12, particularly the court's reasoning regarding overbreadth and First Amendment implications for performances. The ongoing appeal to the 5th Circuit means the legal landscape remains uncertain, requiring vigilance for future developments.

Source: Reporting based on legal news coverage.