Tennessee’s new law seeking to restrict drag performances did not go into effect over the weekend as scheduled after U.S. District Court Judge Thomas Parker, a Trump appointee, issued a temporary restraining order on Friday.
Parker agreed with the plaintiffs, a Memphis theater company, that the statute, passed earlier this legislative session, is “likely both vague and overly-broad.”
The judge wrote that the language in the law restricting certain types of performances on public property or where they “could be viewed by a person who is not an adult” could apply “just about anywhere, including private homes.”
The legislature, Parker added, “missed the mark,” and the state defendants have not done enough to argue that there exists a compelling reason to restrict the speech of performers. Specifically, Parker singled out bill sponsor GOP Rep. Chris Todd, who he said made clear during the legislative process that his goal was to target “drag queens” and not apply the bill generally.
“These are not trifling issues for a theatre company — certainly not in the free, civil society we hold our country to be,” Parker wrote, noting the plaintiff’s fears of criminal prosecution or other consequences as it plans future performances.
The temporary restraining order will expire after two weeks, and the court is expected to hold further discussions in the coming days.
