A lawsuit that halted Tennessee’s restriction on drag shows and related entertainment has been dismissed by the United States Court of Appeals for the Sixth Circuit.
Friends of George’s, Inc. v. Mulroy challenged Tennessee’s Adult Entertainment Act, and was filed in 2023 in hopes of challenging the law, claiming violations of the group’s First Amendment rights. The LGBTQ+ theater company at the Evergreen Theatre referred to the act as the “reckless anti-drag law.” The law was temporarily blocked shortly after, as it was set to go into effect on April 1st.
The district courts originally ruled that Tennessee’s Adult Entertainment Act was unconstitutional; however, the Sixth Circuit Court dismissed the case, saying that Friends of George’s did not prove how they would be harmed by the enforcement of this act.
U.S. District Judge Thomas Parker initially granted a temporary restraining order and preliminary injunction against District Attorney Steve Mulroy, the state of Tennessee, Governor Bill Lee, and Tennessee Attorney General Jonathan Skrmetti.
Adult cabaret performances, as described by the law, are those that feature “topless dancers, go-go dancers, exotic dancers, strippers, and male or female impersonators.” It also stated that these performances were “harmful to minors.” The law made “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.
The Tennessee General Assembly defined “harmful to minors” as “that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence, or sadomasochistic abuse when the matter or performance would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors.”
Friends of George’s allies took to their social media accounts following the ruling, saying they were devastated by the court’s decision, and they are consulting with their attorney for “next steps” as they prepare for their next production on August 2nd.
“Instead of addressing the constitutionality of Tennessee’s drag ban, today’s ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo, with no clear answers as to how this ban will be enforced and by whom,” they said. “The only thing that is clear about this law is that it’s firmly rooted in hate and defies the will of the majority of Tennesseans.”
Tennessee Attorney General Jonathan Skrmetti applauded the court’s decision to throw the suit out, and stated they “focused on what the law actually says,” and that the Adult Entertainment Act has been “consistently misinterpreted.”
“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression,” Skrmetti said in a statement. “But as the Court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the exhibition of obscene material to children.”
