Tennessee drag ban to stay as SCOTUS refuses to hear the case

Tennessee’s ban on drag in public spaces will remain in effect, as the U.S. Supreme Court refuses to take up a legal challenge to the law.

That leaves in place a 2024 federal appeals court ruling that determined plaintiffs challenging the ban didn’t have standing to sue. The Memphis-based LGBTQ theater troupe that brought the suit had initially been successful in challenging the law. A federal judge in West Tennessee blocked the law before it could go into effect in 2023, but the ban still had a chilling effect on Pride celebrations across the state.

Tennessee ultimately won its case in defense of the Adult Entertainment Act, after state Attorney General Jonathan Skrmetti appealed to the Sixth Circuit Court. That win is more definitive now that SCOTUS will not hear the case, but LGBTQ advocates still have one more possible venue for their case.

A separate lawsuit against the law in East Tennessee is still ongoing. The ACLU sued on behalf of Blount County Pride, when its district attorney warned local Pride organizers that he would be prosecuting anyone found in violation of the law during a 2023 Pride festival. A federal judge there has temporarily blocked the AEA.

Last month, plaintiffs in the case amended their complaint to include allegations of retaliatory behavior from Blount County DA Ryan Desmond and Maryville Police Chief Tony Crisp. They allege that Crisp had initially threatened to withdraw police security for the event, before being “instructed to be present,” according to court documents.

“Officers did not actually provide meaningful security for an event that became the site of protests,” the amended complaint reads.

In a filing last week, attorneys for Desmond wrote that the plaintiffs “have no alleged facts showing that the conduct will reoccur. None. Desmond has issued no threats regarding future performances.”

It’s unclear how the lawsuit can continue, given SCOTUS’s decision. The American Civil Liberties Union did not respond to WPLN’s requests for comment in time for publication.

In its ruling, the Sixth Circuit Court of Appeals did not focus on the constitutionality of the law, but on whether the plaintiffs had standing to sue. In a 2-1 decision, the three-judge panel ruled that theater troupe Friends of George’s could not prove that their performances would’ve been subject to the law.

The AEA does not directly reference drag. As written, it prohibits “adult cabaret” and refers to drag performers as “male or female impersonators.”