MEMPHIS, Tenn. (WTVF) — A temporary restraining order against the controversial statute banning public drag shows signed earlier this month was granted by a federal judge in the Western District of Tennessee Friday.
The TRO names Governor Bill Lee, Attorney General Jonathan Skrmetti and Shelby County District Attorney General Steven J. Mulroy as the defendants.
The statute penalizes any person performing "adult cabaret entertainment” either on public property or in a location where the performance could be witnessed by a minor, with “adult cabaret entertainment” being defined as "any performance by an entertainer that are harmful to minors... and feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers."
The penalty proposed in the statute would be a misdemeanor for the first offense and a felony for any subsequent offenses.
The plaintiff who filed the TRO, identified as Friends of George's, Inc., is described in the court order as "a nonprofit organization based in Memphis, Tennessee, that produces 'drag-centric performances, comedy sketches, and plays.'”
Friends of George's, Inc. claimed in their suit that the intent of the statute was to “explicitly restrict or chill speech and expression protected by the First Amendment based on its content, its message, and its messenger," and, by filing for the TRO, an "unconstitutional statute" would be kept from being enacted.
The conclusion of the TRO acknowledges that this is "an extraordinary remedy" which results in the delay of the legislation taking effect.
However, the federal judge over this suit notes "at least three scenarios" favoring the claims of the plaintiff, Friends of George's, Inc., that the statute infringes on First Amendment protections. One of these scenarios is "vagueness and overbreadth," meaning that the language of the statute allows for selective enforcement.
They go on to state in the conclusion, "If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution."
The TRO will keep the state of Tennessee from legally enforcing the statute, with a set expiration date of 14 days from Friday, which would be April 14, 2023. The court may extend the order under Federal Rule of Civil Procedure 65(b)(2).
The court will hold "a status conference" sometime during the 14-day period granted by the TRO with both the plaintiff and defendants present.
