Bill regarding drag shows spurs debate in state capitol
NASHVILLE, Tenn. — On Tuesday, those for and against legislation regarding drag shows in Tennessee gathered in Nashville.
Opening the discussion of House Bill 9, Rep. Chris Todd discussed amendments to the bill and what his goal was in crafting the proposed legislation.
“As amended, House Bill 9 clears up confusion in the law and clarifies that adult-oriented performances may only be held in age-restricted venues and may never be held on publicly-owned property,” Todd said on Tuesday.
Todd says the bill is “common sense” and was proposed to shield children.
“Under current law, businesses that predominantly provide adult-oriented entertainment must be licensed and age-restricted to prevent children from entrance. This bill simply clarifies that if this type of adult-oriented entertainment occurs in locations that are not required to be regulated under the current adult entertainment law because adult entertainment is not its predominate business, like a restaurant for example, then that business must ensure the performance is age-restricted,” Todd explained.
Those against the bill say they are concerned that the bill is too vague and could lead to those not in drag facing problems.
“Given the vagueness of who is included in ‘male and female impersonators,’ a cast of persons made both more nebulous and broader by the phrases and ‘similar with or without consideration’ following it,” one speaker said. “I wonder who might be deemed as just such an impersonator. Could it be me?”
The bill, as of February 15, defines and adult cabaret performance in part as:
“…topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators who provide entertainment that appeals to a prurient
interest, or similar entertainers, regardless of whether or not performed for consideration.”
That same speaker noted the word “prurient” in the bill.
“Now in the history of the bill, there is a limiter in the word ‘prurient’ on such what-ifs. However, given the ways so many others feel they can make my existence contestable, subject to redefinition by their standards,” the speaker went on to say.
Another speaker, Lynne Purvis, added, “but what’s a male or female impersonator. That’s not defined in your law. Does that include, as the last speaker pointed out, all trans people, in your eyes?”
“The bill only applies to performances that are considered to be ‘harmful’ to minors’ under the state’s obscenity laws that have been in place for a long time,” Todd said. “This is well understood term in Tennessee obscenity case law surrounding the means to appeal to a prurient interest. This is common sense, it’s a child safety bill, and I would appreciate the committee’s support.”
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