DALLAS — “Can you believe it? We’ve made it through three songs and Texas hasn’t shut us down yet!” David Lugo, who plays the sassy Narrator in “The Rocky Horror Show,” delivered this impromptu line, much to the delight of the audience. However, this renowned musical from the past 50 years has found itself at the center of controversy in Texas. With its male actors donning wigs, sparkly eye shadow, and tight-fitting female costumes, “Rocky Horror” has caught the attention of state politicians. A new law signed by Republican Gov. Greg Abbott in June, Senate Bill 12, criminalizes the presentation of “sexually oriented” performances to those under 18. Although the law is currently on hold due to legal battles over its constitutionality, the penalties it imposes have already posed challenges for theatrical institutions. The law can issue a $10,000 fine for each violation, and the operators can face misdemeanor charges and potential jail time.
So, how did the Dallas Theater Center’s revival of “The Rocky Horror Show,” a beloved Broadway hit and cult movie sensation, become more than just pop entertainment? It has become a symbol of freedom and a focal point in a larger effort by conservative authorities to demonize drag and regulate artistic expression. This situation is surreal for theater lovers, reminiscent of the 1978 musical comedy “The Best Little Whorehouse in Texas,” which highlighted the hypocrisy surrounding attempts to close down a beloved institution. However, the implications of Senate Bill 12 are far from funny. Critics argue that the law’s broad language could target unintended victims, such as the Dallas Cowboys Cheerleaders, who wear revealing costumes.
Travis Fife, a lawyer from the Texas Civil Rights Project, an organization that opposes the statute, stated, “Increasingly what we’ve seen in this state, both at the state and local level, is people using the criminal law to punish groups and forms of expression that they don’t like.” Kevin Moriarty, the executive director of the Dallas Theater Center, describes Senate Bill 12 not only as a bad law but also a dangerous one. He expresses concern over the center’s principles being tested and the potential hardship they may face if they decide to take a stand against the law.
For now, Moriarty does not need to make that decision as U.S. District Judge David Hittner ruled that Senate Bill 12 is “an unconstitutional restriction on speech.” In his ruling, Hittner stated that the law infringes on the First Amendment. The state of Texas has appealed the decision. The law’s chilling effect is already being felt in the arts community. Richard Montez, a plaintiff in a lawsuit filed by the American Civil Liberties Union, mentions that their drag show business in San Antonio had to cancel events due to fear of criminal sanctions. Montez states that Senate Bill 12 has been touted as a ban on drag, even though it claims to protect children from sexually explicit performances.
In Dallas, the Theatre Three initially barred anyone under 18 from attending their first show of the season, “Lizzie: The Musical,” due to concerns about the law’s vague definition of sexual content. The law defines “sexually oriented performance” as a performer who is nude or a male performer portraying a female and vice versa. However, after the recent ruling, the theater relaxed its ban on juvenile attendees.
This situation has left a bitter taste in Texas, where divisions run deep and intense. Cities like Dallas, Austin, and Houston have a history of tolerance reflected in their cultural offerings. Uptown Players, one of the leading gay theaters in the country, is a fixture of the Dallas theater scene. However, tensions can still arise. Jeffrey Schmidt, the artistic director of Theatre Three, recalls facing backlash when the company produced a play about abortion and a woman’s right to choose. Schmidt recounts an incident where a man ripped up his program and threw it in his face. It was a sobering moment.
Sadly, this move to punish those who are different in public is not limited to Senate Bill 12. Other initiatives, such as Senate Bill 1601 by Bryan Hughes, call for the withholding of state funding from libraries sponsoring events where drag performers read to children. There have also been allegations of discrimination against transgender children auditioning for school choirs. Chloe Kempf, an attorney from the ACLU of Texas, notes that there is more protest and threats of violence against drag performers and LGBTQ individuals. She states that these legislative attacks are happening at a time when all aspects of LGBTQ life are under assault.
To Liz Mikel, a veteran actress who just finished a national tour with an all-female, trans, and nonbinary cast in “1776,” the whole situation is perplexing. She questions why artists are being penalized for bringing art to the community. Mikel’s sentiments are echoed by her fellow cast members Lee Walter and Zachary Willis, who both portray gender-fluid characters in “The Rocky Horror Show.” Walter, a well-known Dallas actor who plays Dr. Frank-N-Furter, mourns the loss of entertainment job opportunities due to canceled drag brunches. Senate Bill 12 has left theater artists feeling targeted and stifled.
The political climate in Texas has poisoned the well, particularly in a state characterized by intense ideological divisions. Nevertheless, supporters of the arts, like the Dallas Theater Center and Uptown Players, continue to push boundaries and fight for LGBTQ representation on stage. Their hope is that they can preserve the artistic freedom that makes theater such a vital part of our society.
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