KNOXVILLE, Tenn. — A federal judge from Tennessee has temporarily blocked an anti-drag law from going into effect. The restraining order was originally set to last for 14 days.
The law signed by Governor Bill Lee was supposed to go into effect on April 1 at midnight. The bill looked to ban "adult cabaret performances" anywhere children could be present.
The suit filed against the state was made by Friends of George's, a nonprofit organization based in Memphis. It produces "drag-centric performances, comedy sketches and plays." The company says it recognized a growing need for LGBTQ+ events and activities outside of bars and nightclubs and decided to provide entertainment alternatives.
It grew out of the original George's Disco, which opened in 1969 in Memphis. The company said it was, in effect, one of the first community centers for the LGBTQ+ community.
The nonprofit filed the suit alleging that the DA sought to “explicitly restrict or chill speech and expression protected by the First Amendment based on its content."
The court found that the company has sufficiently shown that it has suffered because of anti-drag law because "the statute is both vague and overly-broad," and said that the company "has a reasonable fear of prosecution for conducting shows similar to those it has performed in the past, which may be punishable by the statute with criminal effect."
They said that the state also required the company to take a risk of criminal prosecution with upcoming shows, effectively having to "eat the proverbial mushroom to find out whether it is poisonous."
The court also said that the anti-drag law could cause a few First Amendment issues. First, they said that the law could be considered content-based, which would be illegal.
"The First Amendment generally prevents states from limiting speech and expressive conduct based on the ideas expressed," the temporary restraining order says. "So, content-based regulations are presumptively invalid."
The order also said that the court found the law "both vague and overly-broad," and said that the law's language could "mean just about anywhere," since it applies wherever a child could be present.
On April 5, the company posted on social media that the temporary restraining order was extended to May 26. According to court documents a hearing to petition for a preliminary injunction, which could effectively block the law for longer, was set for May 22.
This is a developing story. We will update you when we know more.