Bill aimed at restricting drag shows in Kentucky heads to state Senate for debate

LOUISVILLE, Ky. (WDRB) -- A bill aimed at restricting where drag shows can be staged in Kentucky will head to the Senate floor for more debate.

A hearing in Frankfort on Thursday drew a lot of emotional testimony from supporters and opponents of Senate Bill 115.

Chants of "shame" could be heard from opponents who said the measure is discriminatory and stifles First Amendment rights.

“This bill not only compromises or asks me to explain my humanity, but it also brings into question my livelihood,” drag performer Poly Tics told a GOP-led Kentucky Senate committee, which voted to advance the measure a few minutes later.

Sen. Lindsey Tichenor (R-Frankfort) authored the bill with support from the Family Foundation and the Commonwealth Policy Center.

SB 115 seeks to prohibit drag shows on public property or in places where the adult performances could be viewed by children.

The Senate committee voted to scale back the bill from its original version, which would have imposed stricter location restrictions on where drag shows could occur. Despite the changes, opponents continued to raise constitutional questions about the measure.

“Our concern remains that this will include some censorship from the government that is not in compliance with our First Amendment-protected rights,” said Kate Miller with the American Civil Liberties Union of Kentucky.

The original measure proposed banning drag shows within 1,000 feet of places that "cater to minors" including schools, child care facilities, libraries, churches, public swimming pools, youth sports facilities, playgrounds, parks and residential homes.

Several witnesses at the Senate hearing spoke about the bill including advocates and drag performers who said banning the performances would be a hit to the economy.

"You should be thanking our kings and queens and greeting them as royalty for what drag performers have done for the bottom line of countless small businesses: more than Kentucky legislators will do in their lifetimes," said Chris Hartman, the executive director of the Fairness Campaign.

But Tichenor said the bill is focused on the impact on Kentucky's children. "This bill is not anti LGBTQ. This bill is pro children. For some reason, people want this type of content in front of children, and I would dare ask why we need to sexualize our children."

The legislation takes aim at drag shows by referring to adult performances as a “sexually explicit performance” that includes a performance involving male or female impersonators.

David Walls, executive director of The Family Foundation, praised the bill as a “straightforward, common sense and necessary" effort to protect children.

“Let's state the obvious: Sexually explicit adult performances should not take place on public property and should not be anywhere near children, and SB115 would help protect our children from these performances,” Walls said.

Violations of the bill would be punishable as misdemeanors for the first two offenses but would rise to a felony for subsequent offenses. Businesses hosting such performances could have their alcohol and business licenses suspended or revoked.

After a lengthy discussion that at times turned emotional, the Kentucky Senate committee sent the measure to the full Senate. If it passes there, it would still need House approval. Republicans have supermajorities in both chambers.

Drag performer Poly Tics later told lawmakers the bill was an attack on her livelihood.

“As a drag performer who depends on drag shows ... for income, this bill not only tells me that I am not really a human worthy of rights, but I’m also not worthy to work and I’m not deserving of an ability to make money,” she said.

A few minutes later, the committee's Republican members advanced the bill. After the vote, the bill's opponents started chanting “shame.” The chanting continued as the committee chairman called up another bill to be considered. The opponents eventually left the committee room.

Across the country, conservative activists and politicians complain that drag shows are contributing to the “sexualization” or “grooming” of children. The Tennessee Legislature recently became the first in the country to pass a bill banning public drag performances by classifying them as adult cabaret, among topless dancers, go-go dancers, exotic dancers and strippers.

Several other states, including Idaho, North Dakota, Montana and Oklahoma, are considering similar bans.