(Headline USA) The city of St. George must issue a permit for a Utah-based group that organizes drag queen performances to host an all-ages drag show in a public park, a federal judge ruled, calling the city’s attempt to stop the show unconstitutional discrimination.
“Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces,” U.S. District Judge David Nuffer wrote in a Friday ruling granting the preliminary injunction requested by the group. “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 erroneously asserted.
Southern Utah Drag Stars and its CEO, Mitski Avalōx, sued the city of St. George in May after the city denied the group permits for an all-ages show it aimed to host in a public park in April. A complaint filed in federal court accused city officials of “flagrant and ongoing violations of their free speech, due process, and equal protection rights,” and asked for St. George to reverse its decision and authorize a drag show at the end of June.
“Public officials take an oath to ‘support, obey, and defend the Constitution of the United States and the Constitution of the State of Utah,’” Nuffer wrote. “They do not merely serve the citizens who elect them, the majority of citizens in the community, or a vocal minority in the community.”
The city now may not enforce any new advertising prohibitions against the group or its show, Nuffer ruled, ordering that the performance must “take scheduling precedence over any other event.”
The lawsuit marked the most recent development in a fight over drag shows in St. George, Utah, a conservative city 111 miles (179 kilometers) northeast of Las Vegas, Nevada. Since HBO filmed a drag show in a public park last year for an episode of its series “We’re Here,” the city has emerged as a flashpoint in the nationwide battle over drag performances as they’ve garnered newfound political scrutiny in Republican-controlled cities and states.
Public events like drag queen story hours and the ‘all-ages’ event that Avalōx intended to put together have been increasingly scrutinized in legislatures throughout the country who seek to ensure children are not shown lewd material. In May, Florida Gov. Ron DeSantis signed a ban on minors attending drag shows, and Montana Gov. Greg Gianforte signed a ban on people dressed in drag from reading books to children at public schools and libraries.
In Utah, a proposal from a St. George Republican to require warning notices for events like drag shows or pride parades in public places stalled after advancing through the state House of Representatives in March. The proposal stemmed from the pushback that resulted from the HBO-produced drag show in St. George.
City officials issued permits for the show over the objection from some council members and community activists. City Manager Adam Lenhard resigned months later after writing councilmembers to say that he could not legally deny the show permits, according to emails obtained by The Salt Lake Tribune.
Adapted from reporting by the Associated Press
