It would ban real or simulated groping, real or simulated arousal, and the display of a sex toy if done in a “prurient” manner in front of a minor or on public property. And it includes a definition of sexual conduct that bars the wearing of accessories or prosthetics that enhance the female or male form in front of a minor or on public property.
Violators could face up to a year in jail, and businesses hosting performances deemed illegal could be fined $10,000 for each violation.“Texas queens and kings from across our great state have been targets of threats and misinformation as a result of the anti-drag law,” said drag artist Brigitte Bandit of Austin, who is one of the plaintiffs. “Our community will not be used as a scapegoat or a distraction by politicians who do not know who we are or what we do.
The lawsuit argues that the new guidelines could ensnare all kinds of performances in addition to drag shows, including touring Broadway plays, professional cheerleading routines and karaoke nights at a local club. Television, movies and websites could also fall under the guidelines, and “any type of wardrobe malfunction” could result in fines or jail, the lawsuit said.
“The Texas Drag Ban is stunningly broad in scope and will chill entire genres of free expression in our state,” said Brian Klosterboer, attorney at the ACLU of Texas. “This law flies in the face of the First Amendment. No performer should ever be thrown in jail because the government disfavors their speech.”
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