Kentucky Republicans have introduced legislation that aims to classify drag shows as “adult-oriented” — in the same category as strip clubs and escort services — and the bill seeks to keep such activities and businesses from operating within 1,000 feet of a long list of locations that “cater to minors.” Opponents argue the bill is unconstitutional and would have major unintended consequences in the world of theatre.
Senate Bill 115 was introduced earlier this month and is currently in committee.
The bill defines “adult-oriented” as an adult arcade, adult bookstore or video store, adult live entertainment establishment, adult motion picture theater, adult theater, massage parlor that offers adult services, establishment that hosts drag performances or stripping, escort agency, or nude model studio.
It defines a drag performance as one in which “a performer sings, lip syncs, dances, reads, or otherwise performs before an audience for entertainment while exhibiting a gender expression that is inconsistent with the biological sex formally recognized on the performer’s original birth certificate using clothing, makeup, or other physical markers, and this gender expression is a caricatured, advertised, or featured aspect of the performance taken as a whole.”
State Senator Gary Boswell (R-Owensboro) is a co-sponsor of the bill and claimed that it seems clear that some drag shows fall into the “adult-oriented” category due to the conduct exhibited.
“In different parts of the state, there is this concern that the [drag show] business has some type of classification, and so we’re going to decide as to whether that is to be considered an adult-oriented business or not,” Boswell said.
Owensboro’s RiverPark Center has hosted multiple drag shows in their 21+ GhostLight Lounge venue for more than a year. (Late last year, after groups filed countering petitions about whether the venue should host such events, RPC officials said they were committed to placing an emphasis on diversity and inclusivity, including host drag shows. Read more on that here.)
RPC Executive Director Rich Jorn disagrees with Boswell and said that comparing drag shows to such businesses is “idiotic.”
“A strip show is nudity for the expressed purpose of arousal; a drag show is people dressing up in outrageous costumes, putting on big wigs and lip-syncing or singing along to their favorite song. There’s no nudity. We uphold all the local decency statutes and it’s just somebody dressing up,” Jorn said.
Per the proposed bill, adult-oriented businesses and activities would not be allowed within a 1,000-foot radius (measured in a straight line) of a:
- Child-care facility
- Children’s amusement establishment
- YMCA or YWCA facility
- Youth sports facility
- Public swimming pool
- Park
- Place of worship
- Playground
- Public library
- Recreational area or facility
- Residence
- School
- Walking trail
RiverPark Center’s Ghostlight Lounge, located at the corner of Daviess and 2nd streets, is within 1,000 feet of at least two of such locations.
“So for us, if it’s deemed illegal, we will stop doing them,” Jorn said.
Boswell noted that he’s been privy to the conversation regarding the drag shows at the Ghostlight Lounge, and even admitted he signed one of the preliminary petitions requesting they no longer be hosted at the venue.
Boswell said he joined on as a co-sponsor for the bill due to the response that was coming out of the Owensboro discussions.
On Monday, Boswell originally told Owensboro Times that he didn’t believe the bill would have an effect on the shows in Owensboro; however, after realizing the proximity to the locations such as Smothers Park and First Baptist Church, he said it is likely that RPC would be affected.
“That’s definitely a possibility, but I don’t know exactly what the distances are,” Boswell said.
For reference, 1,000 feet is roughly the length of three football fields. The RiverPark Center is steps away from Smothers Park and within a block from First Baptist Church.
Jorn said that he believes the bill is unconstitutional on the grounds that it violates First and Fourteenth Amendment rights.
“It is absolutely 100% unconstitutional. They can run out and talk about this, that and the other, but none of them have seen a drag show and they don’t know what happens there. It’s completely and totally unconstitutional. It’s a freedom of speech thing. It’s a freedom of expression thing,” Jorn said.
Boswell said he doesn’t see any issues with constitutionality since the bill is not attempting to outlaw the performances altogether, and instead focuses on keeping adult-oriented businesses from operating near children.
Jorn further argued that even passing the bill would impact how and what theatre performances are performed in the state. He said there are plays where performing in “drag” — as defined by the proposed bill — is essential to the plot of the show.
“You can’t show Mrs. Doubtfire anymore. You can’t show Tootsie anywhere. Mulan has got to go because she’s a woman dressing as a man,” Jorn said.
Jorn added that casting struggles are common in the world of theatre — meaning high schools often cast females in male roles or vice versa. Doing such would be illegal under the bill given the performer would be performing in “drag” on school property.
Boswell said that point has been presented to him, but said it’s not the same in his book due to productions like Mrs. Doubtfire being known to be comedic performances and that not being the “intent” of the legislation.
“I don’t think you could draw the same comparison, and the bill may seem to indicate that but that’ll probably be a matter for lawyers or lawsuits to try to figure out whether that would be a problem,” Boswell said. “I can’t say for sure as to whether it would or not. I don’t think that’s the intent of the bill though.”
Boswell noted the bill was only introduced on February 10 and has been under review by the Veterans, Military Affairs & Public Protection committee, of which he is a member. It would still have to be sent to and approved by the full Senate and House before going to Gov. Andy Beshear. Boswell said he expects movement on the bill to begin later this week or early next week.
