ACLU files suit to stop Blount County from enforcing Tennessee's anti-drag show law

The American Civil Liberties Union of Tennessee filed a complaint in federal court seeking to block Blount County from enforcing the state's new anti-drag show law against a performance planned as part of the annual Blount Pride festival scheduled to begin Sept. 2.

The civil rights group is asking a judge in the Eastern District of Tennessee's U.S. District Court to issue a temporary restraining order against Blount County District Attorney Ryan Desmond, Sheriff James Berrong, Alcoa Police Chief David Carswell, Maryville Police Chief Tony Crisp and Tennessee Attorney General Jonathan Skrmetti to stop them from prosecuting anyone for performing a drag show at the Blount Pride festival.

The complaint was filed on behalf of Blount Pride and Christian artist and drag performer Flamy Grant.

The Pride festival is set to take place in Alcoa and on the campus of Maryville College, both located in Blount County.

The ACLU filed its Aug. 30 complaint in reaction to a letter Desmond sent Aug. 29 to Blount Pride; the law enforcement and civic leaders in Blount County, Alcoa and Maryville; and the president of Maryville College. In his letter, Desmond outlined the anti-drag law and said violations of it could result in prosecution. He also warned that demonstrators for and against the event could be prosecuted if they infringe on anyone's free speech rights.

Tennessee's anti-drag law took effect in April, making it a misdemeanor to perform adult cabaret entertainment on public property or in a location that could be viewed by a minor. It was challenged in the Western District of Tennessee's U.S. District Court by a theater company that puts on drag shows. On June 2, a federal judge declared the law unconstitutional. The judge said the state law violates the First Amendment right to free speech. That case is being appealed by Shelby County District Attorney Steve Mulroy.

ACLU of Tennessee legal director Stella Yarbrough said in a written statement that Desmond’s attempt to enforce the law is prohibited by the U.S. Constitution.

“Threatening to enforce this unconstitutional law amounts to a harmful attempt to remove LGBTQ people from public life, which is simply unacceptable,” Yarbrough said. “The court has made it abundantly clear that drag performance is constitutionally-protected expression under the First Amendment, regardless of where in the state it is performed.”

In an email to Knox News sent Aug. 30 before the ACLU lawsuit was filed, Desmond said "the purpose of the notice was simply to give individuals reasonable and fair notice that there is a criminal statute that is still in effect in this jurisdiction" that prohibits "adult-oriented establishments and adult cabarets from being located within 1,000 feet of a school, child care facility, church, etc." and prohibits cabaret entertainers from performing "in a manner that is harmful to children in a location where children may be present."

The Blount Pride event is open to all ages. Grant is scheduled to perform.

In his letter, Desmond argued the West Tennessee decision applies only to West Tennessee's 30th Judicial District where the law was challenged, citing Tennessee Attorney General Jonathan Skrmetti.

"My legal analysis leads me to concur with the State Attorney General, both as to the constitutionality of the (anti-drag law) as well as the applicability of the District Court's order controlling only the District Attorney for the 30th Judicial District," he wrote.

Tyler Whetstone is a Knox News investigative reporter focused on accountability journalism. Email tyler.whetstone@knoxnews.com. Twitter @tyler_whetstone.

Support strong local journalism by subscribing at knoxnews.com/subscribe.

This article originally appeared on Knoxville News Sentinel: ACLU sues to stop Blount County from enforcing anti-drag show law