Drag Queen Brigitte Bandit prepares to read a book during a story time reading at the Cheer Up Charlies dive bar on March 11 in Austin, Texas.
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MYSA
By Steven Santana
Texas is seeing legal pushback against its drag ban in a new lawsuit that says the new law's reach extends beyond just drag shows and violates the U.S. Constitution. American Civil Liberties Union of Texas is representing several LGBTQ+ businesses, organizations, and Austin drag queen Brigitte Bandit, according to the lawsuit filed in Houston district court Wednesday, August 2.
The lawsuit disputes Senate Bill 12, signed by Gov. Greg Abbott in June, that restricts "sexually oriented performances" in front of minors. The lawsuit argues that SB 12 is "overbroad" and "vague" and potentially violates the First and Fourteenth amendments.
The lawsuit names multiple state and county officials that could impose the law, including interim Texas Attorney General Angela Colmenero, as well as district attorneys in major Texas counties like San Antonio District Attorney Joe Gonzalez.
While the law doesn't specifically mention drag shows, it does target "the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics," which could target performers in drag in public performances. Lt. Gov. Dan Patrick said in a May statement that SB 12 "prohibits sexualized performances and drag shows."
San Antonio’s LBGTQ community organized a counter protest to the group ‘This Is Texas Freedom Force’, that planned an armed, protest of “A Drag Queen Christmas,” at the Aztec Theater.
Jess Phelps
Any venue or business that hosts these shows could face a fine of up to $10,000 per violation, while the performers face a $4,000 fine and up to a year in jail.
"Texas queens and kings from across our great state have been targets of threats and misinformation as a result of the anti-drag law," Brigitte Bandit said in a statement to ABC News. "We must reject their attempts to divide us and continue to come together in our truth and power to support each other as Texans should. 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."
Drag queens in Texas have been the targets of threats and protests from far right groups. In San Antonio, counter-protesters defended a Christmas drag show from far-right protesters in December 2022.
The law goes into effect on September 1.