In a 70-page ruling handed down late Friday night, U.S. District Judge Thomas Parker wrote that the law was both “unconstitutionally vague and substantially overbroad.” He also added that the statute encouraged “discriminatory enforcement.”
Initially, the complaint listed Republican Gov. Bill Lee, Attorney General Jonathan Skrmetti and Shelby County District Attorney General Steven Mulroy as defendants, but the plaintiffs later agreed to dismiss the governor and top legal chief - though Skrmetti continued to represent Mulroy for this case.
Yet the actual word “drag” doesn’t appear in the statute. Instead lawmakers changed the definition of adult cabaret in Tennessee to mean “adult-oriented performances that are harmful to minors.” Furthermore, “male or female impersonators” were classified as a form of adult cabaret, akin to strippers and topless, go-go and exotic dancers.
“The word ‘drag’ never appears in the text of the . But the Court cannot escape that ‘drag’ was the one common thread in all three specific examples of conduct that was considered ‘harmful to minors,’ in the legislative transcript,” Parker wrote.
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