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Tennessee Drag Law Blocked By Federal Judge

Tennessee’s “anti-drag” law has temporarily been blocked by a federal judge. The law was set to go into effect on April 1st.

The judge sided with Memphis-based theater group, Friends of George’s, who filed the lawsuit against Shelby County District Attorney, Steve Mulroy. The Friends of George’s suit stated that the law violated the group’s First Amendment rights, and argued that the statute is unconstitutional.

“A drag queen wearing a mini-skirt and a cropped top and dancing in front of children violates this statute, but a Tennessee Titans cheerleader wearing precisely the same outfit doing precisely the same routine does not, because she is not a ‘female impersonator,” said the complaint. “The prohibited speech is defined by the identity of the drag performer – and the message he conveys. That is a content-based restriction of speech protected by the First Amendment.”

While the law does not explicitly say “drag performers,” it defines adult cabaret performances as those that feature “ topless dancers, go-go dancers, exotic dancers, strippers, and male or female impersonators. The law makes “adult cabaret performances” on public property or “in a location where the adult cabaret performance could be viewed by a person who is not an adult,” a criminal offense.  

U. S. District Judge Thomas L. Parker granted a temporary restraining order and preliminary injunction against Mulroy, the state of Tennessee, Governor Bill Lee, and Tennessee Attorney General Jonathan Skrmetti. The order is good for 14 days from March 31st, 2023. 

“If Tennessee wishes to exercise its police power in restricting speech it considers obscene it must do so within the constraints and framework of the United States Constitution.,” said Parker in the order. “The Court finds that, as it stands the record here suggests that when the legislature passed this Statute, it missed the mark.”

Friends of George’s argued that the language is too broad, and the court agreed.

“What exactly is a location on public property or a location where adult cabaret entertainment could be viewed by a person who is not an adult,” said Parker in the document. “Does a citizen’s private residence count? How about a camping ground at a national park? What if a minor browsing the worldwide web from a public library views an ‘adult cabaret performance’? Ultimately the Statute’s broad language clashes with the First Amendment’s tight constraints.”

According to a statement from Friends of George’s, they are set to return to court before their next  production on April 14th.

“We won because this is a bad law,” said Mark Campbell, president of the board of directors for Friends of George’s. “We look forward to our day in court, where the rights for all Tennesseans will be affirmed.”

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House Speaker Equates Nashville’s Peaceful Protests Against Gun Violence With Jan. 6 Insurrection

The top Republican in Tennessee’s House called Thursday’s protests over gun violence at the Tennessee Capitol an “insurrection,” drawing comparisons to the storming of the U.S. Capitol on Jan. 6, 2021. 

House Speaker Cameron Sexton, R-Crossville, made the comments during an appearance on the Hal Show on FM 98.7

“Two of the members, Reps. (Justin) Jones and (Gloria) Johnson, have been very vocal about January 6th in Washington, D.C., about what that was,” Sexton said. “What they did today was at least equivalent, maybe worse, depending on how you look at it, of doing an insurrection in the capitol.”

House Democratic leaders on Friday said Sexton is trying to “change the narrative” and demanded Republicans issue an apology for referring to parents and children who went to the Capitol as “insurrectionists.”

More than 1,000 people, including many teenagers, showed up to the Tennessee Capitol calling for lawmakers to address gun violence after six people were killed — including three children — in a mass shooting at the Covenant School in Nashville

Protesters started their rally in front of the State Capitol at War Memorial Plaza at 8 a.m. They then proceeded to the statehouse shortly afterward, entering in an orderly manner and passing through a security point operated by Tennessee state troopers. 

The demonstrations in Nashville on Thursday were not violent, and the Tennessee Department of Safety and Homeland Security said no arrests were made, no use of force incidents were reported, and no property was damaged.

After debate about a bill on school vouchers, Representatives Jones, D-Nashville, Johnson, R-Knoxville, and Justin Pearson, D-Memphis, took to the speaking podium in the House, using a megaphone to lead chants with a crowd that gathered in the public viewing area. 

A 45-minute recess was called, during which Democratic leaders told the three to stop and huddled with Republican leaders on what actions to take next.  Republicans speculated the trio was trying to get expelled from the House floor.  

After the disruption, the House gaveled back in and continued as if nothing had happened, although some disagreements surfaced. 

Sexton told reporters the three legislators would face consequences, including stripping them of committee assignments or possible expulsion from the state House.

Rep. John Ray Clemmons, chairman of the House Democratic Caucus, pointed out many schools let students out to join in the rally for stricter gun laws after the Covenant shooting incident.

Democratic leaders called the actions of three Democratic lawmakers who used a bullhorn to lead chants with the crowd “good trouble,” using the words of the late U.S. Rep. John Lewis, and Rep. John Ray Clemmons pointed out many schools let students out to join the rally.

Referring to the protests as the “equivalent or maybe worse” than the Jan. 6th Washington, D.C. insurrection “is a blatant lie, and it’s offensive,” Clemmons said in a news conference. “You show me the broken windows. You show me anyone who went into the speaker’s office and put their (feet) up on his desk and trashed his office. You show me where a noose was hanging anywhere on the legislative plaza. You show me any violence that was done by anybody here speaking their mind and sharing their perspective and standing up for their children.”

State Rep. Bo Mitchell, D-Nashville, took personal offense to Sexton’s statements, saying the speaker should also apologize to Mitchell’s wife and children, who visited the statehouse to join the demonstration. 

He argued that the only person who could have been injured was a teen put in a “chokehold” by a state trooper.

Protesters were eventually banned from the Senate and House viewing areas after they disrupted proceedings with chants of “shame on you” and “children are dead, and you don’t care.”

Mitchell contends the House balconies shouldn’t have been cleared, regardless.

During the protest, state troopers attempted to keep clear paths between the House chamber, Senate chamber, elevators, bathrooms and exits. 

Video of Thursday’s protest showed state troopers pushing through protesters to allow Rep. Paul Sherrell, R-Sparta, to exit a bathroom. The troopers appeared to move three young individuals locking arms to block the exit. Sherrell can be seen holding onto troopers as they surround him, escorting him back to the House chamber. 

Clemmons refused to disclose the discussions he had with Sexton and other Republican leaders on the House outdoor balcony. But he said he still has “serious concerns” that no actions have been taken against Sherrell for making statements about lynching three weeks ago. Sherrell made a forced apology on the House floor two days after he suggested “hanging by a tree” be added to legislation renewing firing squads as a method of capital punishment.

By about 1 p.m. Thursday, most protesters had left the Capitol, with only a dozen or so left as the House wrapped up its session by 1:45 p.m.

Anita Wadhwani contributed to this report.

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

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Lexie Carter Wins Local Democratic Chairmanship (updated)

Veteran party activist Lexie Carter was selected the new chair of the Shelby County Democratic Party in a Zoom election on Saturday.

The vote, by participating members of the party’s executive committee and grass-roots council, was a close one: 52-49 for Carter over runner-up Jesse Huseth.

Both candidates strongly favored retaining party primaries for county elections, and both wanted to have such primaries as well for city-government elections, which have so far been non-partisan. Doing the latter, said Huseth, would prevent “masquerading” with pseudo-democratic positions in city elections.

Carter emphasized fundraising as a priority (“I raise money, and I do it well,” she said), while Huseth underscored the need to improve voter turnout.

Carter advocated apportioning members of the executive committee and grass-roots council by pegging the positions to state House district. (At present, these positions are derived via County Commission districts.)

The party reorganization process began two weeks ago when members of the executive committee and grass-roots council won their positions at a preliminary meeting at First Baptist Church, Broad.

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Beyond the Arc Sports

Bane, Kennard Help Grizzlies Storm Back to Victory

Friday night’s bad weather didn’t stop the Memphis Grizzlies from beating the Los Angeles Clippers, 108-94. The Grizzlies overcame a 20-point deficit in the first quarter to secure their 34th home victory of the season. 

The 14-point victory was the largest margin of victory in team history in a game where the Grizzlies trailed by 20 or more points, according to Sportradar.

“We kind of just settled down towards the end of the first. I just reminded them to just keep staying the course,” said Grizzlies head coach Taylor Jenkins. “It’s a long game. We’re starting to feel out what this game is going to need from us. Then we battle back, have a great second quarter.”

Jenkins continued, “We take a lead and build a 20-point lead in the second half. Proud of the guys. It’s a 48-minute game, and we had these looks in our eyes like ‘Hey, what’s going on right now?’ in the first quarter. Luckily, we were able to turn the corner before it got too late.”

Desmond Bane was in his bag, scoring 22 points and tying a career-high nine assists, plus three steals to lead the Grizzlies to 49-28 on the season. 

Luke Kennard tallied 17 points and six rebounds off the bench while connecting on 5-of-10 from the 3-point line. 

Ja Morant praised Kennard’s shooting after the game. “He could shoot then [with the Clippers] and he can shoot now,” Morant said about Kennard as an opponent, and now a teammate. “He’s on our side now. We believe in him 100 percent.” Morant finished with 10 points, five rebounds, and four assists. 

Xavier Tillman Sr. had a solid 14 points, eight rebounds, two assists, two steals, and two blocks, while Santi Aldama got 13 points and eight rebounds as a reserve. 

Surprising highlight dunk

David Roddy absolutely destroyed Ivica Zubac.

“That definitely surprised me, I say that respectfully,” said Jenkins on Roddy’s emphatic dunk. “I know he’s got some bounce, and he’s got some force, but that was a pretty epic dunk for sure. Once he gets a runway, you watch out.”

Tibits

Kenny Lofton, Jr. was named Kia G League Rookie of the Year. Lofton Jr. averaged 20.2 points, 10.5 rebounds, 3.9 assists, and 1.2 steals in 17 games during the regular season.

Jaren Jackson Jr. improved on his previous personal best in blocks, and set a franchise record in the process. The All-Star forward added three blocks in last night’s game to reach 180 and set a new franchise record for most blocks in a season, which he achieved last year with 177 in 78 games. This year, Jackson Jr. only needed 59 games to set the new mark. He leads the NBA with a career-high 3.1 blocks per game.  

Jackson Jr. also had nine points and two steals against the Clippers. “It’s cool – glad we could do it at home,” said Jackson Jr. on setting the single season franchise record in blocks. “Glad we could get a win; glad all my teammates signed the basketball, kept the jersey. I mean, it all fits. It’s a cool feeling.”

For the Grizzlies, unsung heroes emerged to give them a victory before a happy home crowd. For those fans, it was fitting to get revenge on the Clippers. 

Up Next 

The Grizzlies will travel to Chicago to play the Bulls at 2:30 p.m. CT on Sunday, April 2.