Eater - An anti-drag bill by any other name

A drag queen in full hair and make-up holds a megaphone the Queer March on Austin's Capitol in April. Behind her, other protesters march in the Texas heat.

Texans participated in the Queer March on the Capitol in April protesting anti-LGBTQ and anti-drag bills. Brandon Bell/Getty Images

A U.S. federal judge declared Texas’s all-ages drag ban “unconstitutional” earlier this week. As the editor of Eater Austin, my team and I have been covering the bill for over a year, and it’s clear to us that the goal of the bill is still to further restrict LBGTQ communities in Texas.

If it had gone into effect, Senate Bill 12 (SB12) would have banned what it deemed as “sexually oriented performances” in businesses, public properties, and venues where children under the age of 18 years old might witness them. Originally, the bill included actual references to drag performances, but that language was removed before Texas Gov. Greg Abbott signed it in June, in an attempt to disprove accusations that the bill was targeting LGBTQ communities. However, proponents of the bill, such as Lt. Gov. Dan Patrick, have clearly stated that it was intended to target drag performances. Businesses that defied the bill would have been fined up to $10,000.

To avoid directly mentioning drag shows, lawmakers broadened the bill’s language to restrict any use of props or dressing to “exaggerate male or female sexual characteristics.” While using props and exaggerated costumes are core to drag, these proposed restrictions would also extend to a lot of theater, concerts, and other performances. These events — drag show brunches, concerts (a core of Austin), musicals, and others — bring in guests to share joy and fun and, importantly for businesses both inside and outside of the hospitality industry, they bring in money. Banning them would negatively impact the already struggling restaurant industry. Not to mention, if the bill were to be signed into law, local and national governments would have to spend money actually enforcing the bans (especially in Austin, where the city is using state troopers to make up for police shortages), when those funds could be put to better use, like affordable housing and public transportation.

The ruling that the bill was unconstitutional came from a Texas judge, U.S. District Judge David Hittner, who stated that the bill “impermissibly infringes on the First Amendment and chills free speech.” He also made the very apparent observation that the bill basically banned any sort of performance with anyone under the age of 18 present, from theater to cheerleaders to concerts, which would be ridiculous.

Judge Hittner temporarily blocked the bill before it could go into effect on September 1 in light of a lawsuit filed by the ACLU of Texas along with LGBTQ nonprofits Woodlands Pride and Abilene Pride, Austin drag queen telegram service Extragrams, and Austin’s own drag queen advocate Briggitte Bandit. But throughout the life of this bill, it's become more and more clear that it was never about “protecting the children” despite what its proponents claim — there are plenty of other ways to do that, beginning with gender-affirming care, gun control, and efforts to address school shootings across the country. And yet, lawmakers choose to focus on a drag ban bill, something that hurts no one at all.

Bills like these misrepresent the state of Texas and many of the people who live here to the rest of the country: It’s not that Texas is an unwelcoming state, it’s just that the current government has lost the thread on the importance of centering compassion and equality for all people in their policies (this is why voting is so important). At a time when it’s easy to become discouraged though, for us at Eater Austin, it’s the people, groups, and communities fighting day-to-day for LGBTQ rights who give us hope that progress can happen and that the bars and restaurants we love can continue to be spaces we look to for comfort, community, and most importantly, safety.

This ruling is a hard-fought win, but it’s also not the end. The Texas Attorney General's Office will appeal the ruling, as expected, but Texans will continue to fight for the LBGTQ community and for everyone.

More reading:

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In New York City, a group of 20-somethings turned an inside joke into a restaurant with a year-long waitlist — but only for one night. The New York Times has the story.
Certainly by now, there’s no surprise that food and wine are political. Our friends at Punch think now is a great time to pour a glass as an act of rebellion and exploration.

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