Judge strikes down Texas ban on drag shows, tells people offended by them ‘just don’t go’

[resipsaloquitur@lemmy.cafe]

cross-posted from: https://lemmy.world/post/51149258

A federal judge in Texas struck down a 2023 state law Tuesday that sought to restrict drag shows, ruling it was unconstitutional.

U.S. District Judge David Hittner, a Reagan appointee, said the measure, known as Texas Senate Bill 12, improperly restricted speech, violating the First Amendment of the Constitution. The ruling prevents state Attorney General Ken Paxton, who is running for the Senate, from enforcing the law and denies his motion for a new trial.

In the ruling, Hittner also had advice for “those who find such activities as described in this case offensive.”

“The solution is relatively simple ... just don’t go,” he wrote.

Paxton’s office did not immediately reply to a request for comment Tuesday night.

The state law would fine business owners who were found to be in violation up to $10,000 for hosting events, while performers could be charged with a Class A misdemeanor, which could result in up to one year of jail time.

The statute, which has been the source of a yearslong legal battle, has made its way to Hittner’s courtroom before. Hittner first deemed it unconstitutional and a violation of the First Amendment in 2023, but the 5th U.S. Circuit Court of Appeals returned it to him in November, lifting a pause on the law and giving him specific instructions about how to reassess it.

Oh the Fifth Circuit, being all weird. It was an obvious FA violation, but if this is how they wanna play it. Watch them do some more weird chicanery because the 5th Circuit probably agrees with Paxton but there was just an unlucky draw for the bench judge.