‘Drag is art’: Pared-down anti-drag show bill would stop performances in public, for kids
A scaled-back version of a controversial bill taking aim at drag shows passed a Kentucky Senate committee Thursday morning, over the objections that the bill infringes on First Amendment rights.
Senate Bill 115, sponsored by Sen. Lindsey Tichenor, R-Smithfield, said the bill’s intent is not to be anti-LGBTQ, but pro-children.
The committee substitute introduced Thursday would prohibit drag shows — considered “adult performance” by the bill’s standards — from taking place on publicly owned property or “in a location where the person knows or should know the adult performance could be viewed” by a child.
A first offense would be a Class B misdemeanor, a second offense would be a Class A misdemeanor and any subsequent offenses would be Class D felonies.
Additionally, any business hosting such a performance where children are present could have their liquor and/or business licenses suspended or revoked.
The original version of the bill prohibited “adult-oriented businesses” — including drag shows — from operating within 1,000 feet of child care facilities, schools, public parks, homes or places of worship, all but shutting down drag across Kentucky.
The bill passed on a party line vote, with only Louisville Democratic Senators Karen Berg and Denise Harper Angel voting against the bill.
Among a number of Kentuckians who testified against the bill in committee was Poly Tics, a drag queen who performs at Lexington LGBTQ-friendly venues like the historic Bar Complex.
Tics said that the legislation is being informed by misconceptions about what drag is.
“They’re trying to continually hyper-sexualize a performance that’s not sexual in nature,” Tics said.
Tics added that performing in drag has been a lifeline.
“Drag is my way of saying ‘I’m gonna live my life the way I want to.’ If I want to wear a sparkly dress and that makes me feel good, I’m gonna wear the dress. Coming from somebody that’s been bullied their whole life and has been constantly told that they’re not enough, they’re not worthy, they’re unnatural, or whatever other hateful things that are constantly spewed, drag was my way to reclaim my life. It was my way of saying I don’t have to listen to that.”
Bonnie Meyer of Covington also spoke against the bill, saying it would do incredible damage to the LGBTQ community.
“Drag is art. Drag is love,” she said. “Drag is community and drag is acceptance.”
Defending the bill was David Walls, Executive Director of the Kentucky Family Foundation. He said that the bill, as amended by the committee substitute which cut several pages from the once-expansive legislation, got “to the heart of the issue.”
“I think it’s pretty targeted. I think it’s pretty straightforward. And it just protects against adult performances. It says ‘this is not appropriate on public property, and it’s not appropriate where we know the children are going to be present,” Walls said.
The potential impact on Kentucky’s economy was also a topic of discussion among the opposition.
Louisville, in particular, is renowned for its drag brunch scene. The New York Times recently lauded the city for that reason. Under Tichenor’s bill, those brunches would either have to be canceled or only allow people 18 years old or older.
Social media posts from popular drag brunch destination Le Moo were included in a packet provided by Tichenor alleging to include inappropriate drag performances.
Mike Slaton, Executive Director of the Louisville Pride Foundation, said that the damage done to businesses that benefit from hosting drag shows would spoil the GOP’s plan to shift away from income tax as a source of revenue and towards other taxes like the sales tax.
“You’re going to undermine your own fiscal policy by weakening our economy and hurting our tax base… And for what? To send a message that you do not approve of LGBTQ people. That message has been received loud and clear,” Slaton said.
Walls said that having “family-friendly” policy outweighs any short-term concerns about economic impact.
“To the economic arguments I’ve heard: I think having family-friendly policies long-term will be a benefit in Kentucky and I respectfully disagree with the opposition,” Walls said.
This story was originally published March 2, 2023 at 10:23 AM.
