x
Breaking News
More () »

ACLU files lawsuit against Texas over law that targets drag performances

"It clearly is targeted at trying to censor art and performances based on the content and views - which is flatly unconstitutional," a lawyer with the ACLU said.

HOUSTON — Some might see it's a glamorous form of art, or fantasy offering an escape through song and dance.

 But for the drag queens who've found a place to belong on stage at Hamburger Mary's in downtown Houston, it's much more. 

"For me, like drag is my livelihood, it's everything I do, it's how I make my income, it's how I put food on the table for myself," said Drag Performer Kitty Kontour.

Soon, that livelihood could be threatened, even criminalized with Senate Bill 12, which is set to become state law on September 1.

The bill, as written, would ban any sexually oriented performances - outlined as a male exhibiting as a female or vice versa from performing in public spaces where anyone under the age of 18 is present.

"It's so broad and vague that it actually affects a whole sweep of different type of expression," said Brian Klosterboer, an Attorney with the American Civil Liberties Union of Texas.

The ACLU filed a lawsuit on Thursday, suing the state of Texas, calling the bill unconstitutional. 

"It clearly is targeted at trying to censor art and performances based on the content and views - which is flatly unconstitutional - but it comes with incredibly steep penalties," said Klosterboer.

Violators could face up to $10,000 in fines per violation and one year in jail.

"Drag isn't a crime, people enjoy theater, people enjoy other art let us enjoy ours," said Kontour.

Similar legislation in at least three other states has been either vetoed, blocked or shot down in federal court.

Attorneys for the ACLU say they plan to file a motion in federal court in the coming days, to block this bill before it becomes law. On Friday, the Houston LGBTQ Chamber of Commerce joined the lawsuit. 

The Texas Civil Rights Project has also filed a lawsuit against the law. The Greater Houston LGBT Chamber of Commerce has joined that case.

KHOU 11 reached out to the Attorney General's office for comment on the lawsuit, but never heard back.

Deevon Rahming on social media: Facebook | Twitter | Instagram

Before You Leave, Check This Out