Index

Tennessee Adult Cabaret (Drag Show) Ban

Summary

Tennessee attempted to legally ban 'adult cabaret performances' (which explicitly included male or female impersonators/drag shows) from taking place on public property or anywhere minors could see them. *Note: A federal judge struck this law down as unconstitutional.*

Rights & Rules

  • 01.
    The law attempted to classify 'male or female impersonators' (drag queens/kings) who provide entertainment that appeals to a 'prurient interest' in the same legal category as topless dancers and strippers.
  • 02.
    It banned these performances on all public property (like city parks or streets during a pride parade) and in any location where a person under 18 could potentially view it.
  • 03.
    In June 2023, a federal judge ruled the law was both 'unconstitutionally vague' and 'substantially overbroad,' violating the First Amendment right to freedom of speech and expression.
  • 04.
    Because of the court ruling, the law cannot currently be enforced by police or state officials.

Penalties

  • 01.
    If the law had been upheld, a first offense would have been a Class A misdemeanor, and a second offense a Class E felony (punishable by 1 to 6 years in prison).

Verified Citations

Tennessee Senate Bill 3 (2023) / TCA 7-51-1407

Source
"It is an offense for a person to engage in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult."