Tennessee Law Limiting ‘Cabaret’ Shows Raises Uncertainty About Drag Events
The measure is part of a wave of legislation by conservative lawmakers across the country against drag performances. Many are wondering how it will be applied.NASHVILLE — A bill signed into law this week in Tennessee makes staging “adult cabaret” on public property or anywhere a child could see it a criminal offense. The law forbids performances in those places by topless, go-go or exotic dancers, strippers, or male or female impersonators who, as the law defines it, provides entertainment that is “harmful to minors.” The word “drag” does not appear in the legislation. And to some legal experts, the description provided in the letter of the law would not apply to drag as they know it. But many in the state are still trying to grasp how the measure will ultimately affect drag events, theater performances that involve drag, and even transgender and gender nonconforming people as they go about their lives.The law is part of a cascade of legislation across the country fueled by a conservative backlash to drag events, which has also spurred protests from far-right groups and threats directed at performers. Now that it is one of the first to succeed, with lawmakers in other states pursuing legislation with similarly ambiguous language, the law has prompted concerns about how it will be enforced and the implications it could have.“The murkiness of this law is causing a lot of people to be on edge,” said Micah Winter, a performer and board member of Friends of George’s, a theater company in Memphis whose shows are often centered on drag.Proponents of the legislation have described it as a way to safeguard children, asserting that drag events can have sexualized language and suggestive performances that may be too mature for younger viewers.“This bill gives confidence to parents that they can take their kids to a public or private show and will not be blindsided by a sexualized performance,” Jack Johnson, the Republican state senator who sponsored the legislation, said on Twitter.Gov. Bill Lee of Tennessee giving his State of the State address in February. Mark Zaleski/Associated PressStill, the legislation figures into a campaign by conservative lawmakers across the country to curb the rights of people in the L.G.B.T.Q. community. In Tennessee, one proposal would block transgender people from changing the gender listed on their drivers’ licenses, and on Thursday, the same day Gov. Bill Lee signed the adult cabaret bill, he approved legislation that prevents all puberty-delaying treatment, hormone therapies and referrals for transgender children to receive gender-affirming medical care in the state.Drag has become more mainstream in Tennessee, as in much of the country. Performers in vibrant costumes that upend gender assumptions could simply be reading a book, promoting acceptance and literacy. Or they might be “reading” — that is, playfully mocking — tourists piled onto buses rolling through Nashville or lip-syncing in variety shows in boozy brunches in Memphis or Chattanooga.“Not one of our performers on this bus has ever shown more skin than a Titans’ cheerleader on a Sunday afternoon,” David Taylor, an owner of the Big Drag Bus Tour in Nashville and bars that host drag events, said in a hearing on the legislation.Legal experts said the equivocal wording meant that the adult cabaret law was not exactly a ban on drag but could still have consequences.“It’s an anti-drag law,” said Kathy Sinback, the executive director of the American Civil Liberties Union of Tennessee, “because they passed it intentionally to try to chill and prevent people from doing drag, but that’s not really what the law says.”“It should not even touch any drag performances,” she added. But after watching public commentary and a series of legislative hearings debating the merits of the bill, she said, “it’s clear that some people think that drag in and of itself as an art form is obscene and that it should not be viewed by children.”But Ms. Sinback said the parameters set in the legislation should not apply to most drag performances, given that they would have to be considered extremely sexual or violent, lack serious literary, artistic, political or scientific values, and be considered broadly offensive and obscene to a child to warrant charging the performer with a crime.Mr. Johnson said that the law was not meant to target drag performances in general or discriminate against the L.G.B.T.Q. community. “It simply puts age restrictions in place to ensure that children are not present at sexually explicit performances,” he said in an interview with CNN.Critics said the legislation reflected what many in the gay and transgender community have described as a bleak and dangerous climate in Tennessee, threatening people who are often marginalized and already uniquely vulnerable. The law over medical care has provoked the most alarm. The Tennessee chapter of the American Academy of Pediatrics opposed the law, saying in a statement that it will “significantly limit our ability to practice to the standard of care established by numerous national medical organizations.”Sruti Swaminathan, a staff attorney for Lambda Legal, which is working with other civil liberties groups in mounting a legal challenge to the legislation barring gender-affirming care, said, “This is clearly an effort to villainize us and isolate us because they fear our resilience and our self-love and our collective power.”People protesting against the bill on cabaret restrictions in Knoxville, Tenn., in February. Jamar Coach/News Sentinel, via ReutersTennessee is one of more than a dozen states where conservative lawmakers, focusing on issues of gender and identity, have pursued legislation that explicitly or otherwise seeks to impose restrictions on drag events.Some of the bills would require venues to register as adult entertainment spaces or “sexually oriented businesses,” and others would forbid performances at schools or libraries. A proposal in Arizona would outlaw drag performances within a quarter-mile of public playgrounds and schools.The law in Tennessee has not yet spurred a legal challenge, but activists and lawyers were prepared to start one as they watched to see how it is applied. Those who violate the law will be charged with a misdemeanor or a felony for continued offenses.The drag performer Poly Tics attending a rally in Kentucky on Thursday. Bruce Schreiner/Associated PressIn Kentucky, where the State Legislature has advanced a sprawling bill to curtail health care access for L.G.B.T.Q. children, lawmakers had also considered restrictions that included prohibiting what the state classifies as “adult performances” from operating within 1,000 feet of child care facilities, schools, public parks, homes or places of worship. The legislation was amended on Thursday to limit such performances from taking place in public places or a location where the performance could be viewed by a child — a step that critics of the legislation took as a victory.“This version is much more narrowly tailored to just explicit sexual content,” said Chris Hartman, executive director of the Fairness Campaign, an L.G.B.T.Q. advocacy group in Kentucky, who acknowledged that much of his organization’s limited energy was focused on challenging the legislation on restricting gender-affirming health care.Compared with other proposals on L.G.B.T.Q. issues that advocates contend will have immediate and damaging impact, the ones that are tied to drag stir worries rooted more in uncertainty.For transgender and gender nonconforming people, who face a heightened threat of violence, some fear the law could be wielded as a tool to further discriminate against them.“The language is vague enough that it leaves it in the hands of each individual jurisdiction to define what counts as a ‘male or female impersonator,’” said Dahron Johnson, who works in community outreach with the Tennessee Equality Project. “They could say I, just going about my daily life, am an ‘impersonator.’”In theater, there is a long history of performance featuring cross-dressing and drag — Shakespeare famously employed male actors to play female roles — and many touring shows feature some variation on the practice: “The Lion King” (a male meerkat, Timon, dons a dress to dance the Charleston), “Hairspray” (the protagonist’s mother is often played by a man in drag) and “1776” (now touring with a new production in which all the male characters are played by female, transgender and nonbinary actors).“Hairspray” and many other theater productions feature drag performances.Sara Krulwich/The New York Times“We’re absolutely opposed to any legislation that restricts the rights of our producers to present stories we’ve been presenting for 4,000 years,” said Charlotte St. Martin, the president of the Broadway League, a trade association representing producers and presenters around the country. Ms. Martin said the league is “very concerned” about the legislation under consideration in multiple states.Brett Batterson, the president and chief executive of the Orpheum Theatre Group in Memphis, said that on Friday, he paused conversations about bringing to Memphis a solo show, “Dixie’s Tupperware Party,” a small, long-running and popular touring production that has played all over America and is performed by a man in drag.“We decided we would pause our discussion to see how some of the language is interpreted,” Mr. Batterson said. “I think the law will be challenged, and we want to see how it plays out.”For now, Friends of George’s was not ready to change any of its plans. “We think it’s outrageous, but we’re forging ahead with our next production in spite of everything,” said Ty Phillips, the nonprofit’s vice president.Yet uncertainty remained. Mr. Winter noted that over the years he has played Mother Ginger in “The Nutcracker” and the mother in “Hairspray.”“Can I still do that?” he asked. More
