LGBTQ theatre company sues Tennessee over cabaret bill

The LGBTQ theater company said there is uncertainty about what specific conduct the new Tennessee law prohibits or criminalizes.
Friends of George's theatre company(Friends of George's)
Published: Mar. 28, 2023 at 12:58 PM CDT

NASHVILLE, Tenn. (WSMV) - A west Nashville LGBTQ theatre company sued the state of Tennessee for what it calls a violation of rights.

The company, Friends of George’s, is suing the state for the passing of SB0003, a bill that makes it a criminal offense for anyone who engages in an adult cabaret performance on public property, or in view of minors.

Based in Memphis, Friends of George’s has been producing theatrical content for the LGBTQ community for more than a decade.

The company said that the new law is a violation of the public’s first and fourteenth amendment rights, according to the lawsuit filed on March 27.

In the lawsuit, the theatre company states that drag is not “inherently, or even frequently, indecent,” and that it encompasses a “vast spectrum of expression.” The lawsuit also states that many drag shows are intended to be appropriate for all ages.

The company compiled a list of things that the bill would criminalize that they are concerned with:

  • “Under this reading of the law, a drag queen wearing a mini skirt and a cropped top and dancing in front of children violates this statute, but a Tennessee Titans cheerleader wearing precisely the same outfit doing precisely the same routine does not, because she is not a ‘female impersonator.’”
  • “There are no defined locations in the law. The prohibition is not limited to commercial establishments or paid performances, which means that a drag performer could be arrested for providing free entertainment at a family member’s birthday party held at that family member’s house, as long as children are present.”
  • “If a restaurant hosts an 18+ drag brunch, and children walk by and see it through the windows, nothing prevents the drag performers from being charged under this statute.”

The company said the uncertainty about what specific conduct the new law prohibits or criminalizes is concerning.

When asked specific examples of inappropriate drag shows taking place in front of children, Lee pointed to the school building close to where he was talking to reporters.

“I think the concern is right there in that building,” Lee said. “Children that are potentially exposed to sexualized entertainment, to obscenity, and we need to make sure that they’re not.”

WSMV4 reached out to the state for comment.

The bill takes effect on April 1.