A federal judge has ordered the city of St. George in Utah to issue a permit for a local group organizing drag performances to host an all-ages drag show in a public park. The judge ruled that the city’s attempt to prevent the show was unconstitutional discrimination.
The ruling came in response to a lawsuit filed by the group, which claimed that the city violated their First Amendment rights by denying their permit application.
The judge’s ruling affirms that the group has the right to express themselves through art and to be free from discrimination based on their sexual orientation or gender identity.
In granting the preliminary injunction requested by the group, U.S. District Judge David Nuffer stressed that public spaces are open to all citizens and should not be subjected to majority rule.
He wrote, “The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.”
He stated that public spaces are not private, and it is unconstitutional to discriminate based on sexual orientation or gender identity. The ruling underscores the importance of upholding free speech and expression as guaranteed under the First Amendment.
The Southern Utah Drag Stars group, led by its CEO Mitski Avalōx, filed a lawsuit against the city of St. George in May after the city denied the group permits to host an all-ages show it planned to hold in a public park in April.
The complaint accused St. George officials of violating the group’s free speech, due process, and equal protection rights. The group asked the city to reverse its decision and authorize the drag show at the end of June.
The federal ruling to grant the preliminary injunction supports the group’s claims and ensures they have a right to host their event without fear of discrimination.
According to reports, a city events coordinator had assured the Southern Utah Drag Stars group that they could begin advertising the April show even before obtaining a permit, but the city council later denied the permit, citing an ordinance that hadn’t been enforced before, which prohibited advertising before permit approval.
U.S. District Judge David Nuffer called the permit denial a pretext for discrimination in his ruling, stating that the city’s enforcement of the ordinance was discriminatory in nature. The ruling supports the Southern Utah Drag Stars group’s claim of free speech violations and provides further protection for marginalized groups seeking to express themselves through art and performance.
In a recent ruling, Judge David Nuffer stated that public officials are obligated to support and defend the constitution, not just serve the majority or a vocal minority in a community.
The ruling prevents the city from enforcing any new advertising prohibitions against a group and its show, mandating that the performance must take scheduling priority over any other event.
The city of St. George has released a statement affirming its commitment to ensuring that public parks and facilities remain open and accessible to residents and anyone who wishes to hold special events.
Despite the recent ruling preventing the enforcement of new advertising prohibitions, the city remains dedicated to upholding its responsibilities to the community and providing opportunities for public gatherings and activities.
The statement from the city of St. George also affirmed the city’s commitment to following the law both in the creation and enforcement of laws. While the city is disappointed with the outcome of the recent ruling, it continues to review and evaluate its options in light of the decision.
As always, the city remains dedicated to serving and supporting its residents and maintaining a safe and welcoming community.
The lawsuit mentioned above is just one of the latest events in a larger fight over drag shows in St. George, Utah. The city, which is known for being conservative, has emerged as a center of controversy surrounding these performances. Last year, HBO filmed a drag show in a public park for an episode of its series “We’re Here,” bringing heightened attention to the issue.
The situation has become a flashpoint in the nationwide battle over drag performances, which have faced increased political scrutiny in Republican-controlled cities and states in recent years.
There has been an increasing trend of targeting public events like drag queen story hours and all-ages events by legislatures throughout the country. Republican-controlled states have been particularly active in enacting legislation to restrict or ban these events.
For example, in May 2021, Florida Governor Ron DeSantis signed a ban on minors attending drag shows. Similarly, Montana Governor Greg Gianforte signed a ban on people dressed in drag from reading books to children at public schools and libraries. These bans are often justified as efforts to protect children from what they perceive as “immoral” or “inappropriate” content.
However, supporters of these events argue that they are harmless and provide valuable opportunities for promoting inclusivity and diversity.
In Utah, a proposed bill requiring warning notices for events like drag shows or pride parades in public places was introduced by a St. George Republican, but it ultimately stalled after making its way through the state House of Representatives in March.
The proposal had been inspired by the controversy surrounding an HBO-produced drag show that took place in St. George.
While the bill didn’t progress any further, it represents the ongoing debate and tension surrounding drag performances and other LGBTQ+ events in conservative communities throughout the US.
The controversy surrounding the HBO-produced drag show in St. George, Utah led to some tension within the local government. Despite objections from some council members and community activists, city officials issued permits for the show.
City Manager Adam Lenhard later resigned, having written council members to explain that he had no legal basis for denying the show permits, according to documents received by The Salt Lake Tribune. This underscores the challenge of reconciling differing views and enforcing the law in a manner that is both equitable and legally sound.
It remains to be seen how similar conflicts will play out in other cities and states in the ongoing debate over drag shows and other LGBTQ+ events.
Following the controversy surrounding the HBO-produced drag show in St. George, Utah, Avalōx founded Southern Utah Drag Stars.
The group aimed to showcase drag performances specifically to members of the LGBTQ+ community in a rural area where such events are often lacking.
Avalōx hoped that the events would help provide visibility and representation for queer adults and children, and offer a public space where people could enjoy shows that are meant for everyone, regardless of their gender identity or sexual orientation.
In an interview with The Associated Press, Avalōx stated that their biggest ambition was to promote inclusivity and provide a safe and welcoming environment for all members of the community.