A federal judge in Nashville, Tennessee, has ruled that law enforcement officials cannot use a state law that restricts drag shows to interfere with a local Pride festival. The ruling came after event organizers sued when a district attorney threatened to enforce the law, even though another federal judge had declared it unconstitutional.
US District Judge Ronnie Greer granted a temporary restraining order, prohibiting District Attorney Ryan Desmond and other law enforcement officials from enforcing the law or interfering with the Blount County Pride festival. This includes not discouraging third parties from hosting or modifying the event.
Earlier this year, a federal judge in Memphis ruled that Tennessee’s anti-drag show law was unconstitutional. However, the ruling only applied to Shelby County. Despite speculation from legal experts that district attorneys across the state would not enforce the law, State Attorney General Jonathan Skrmetti and his office maintained that the law remained in effect outside of Shelby County and appealed the ruling.
The American Civil Liberties Union of Tennessee filed a lawsuit on behalf of the organizers of the Pride festival, along with drag performer Flamy Grant who was scheduled to perform at the event. In response, Desmond sent a letter to the organizers, county mayor, law enforcement groups, and other officials stating his intention to enforce the state’s law if evidence of a violation was presented.
In the court ruling, Judge Greer praised the previous decision in Memphis, describing it as “well-written, scrupulously researched, and highly persuasive.” He also noted that there was strong evidence to suggest that the district attorney’s notice was a response to Flamy Grant’s involvement in the festival.
The ruling has been celebrated by Blount Pride Board President Ari Baker, who stated that it allows them to create a safe space for the LGBTQ+ community to connect and celebrate.
The attorney general’s office expects that the issues raised in the Blount County case will be resolved by the state’s appeal in the Shelby County case.
The Tennessee law, enacted earlier this year, does not explicitly mention “drag,” but it broadens the definition of adult cabaret to include male or female impersonators. Critics argue that the law could be used subjectively to censor drag artists, while supporters believe it is necessary to protect minors from “harmful” performances.
Overall, the ruling provides relief for organizers of the Blount County Pride festival and ensures that the event can proceed without interference from law enforcement officials. It also highlights the ongoing legal battle over the constitutionality of the state’s anti-drag show law.
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