North Brookfield board says it will allow drag show to go forward, without a permit

NORTH BROOKFIELD — The Rural Justice Network’s Small Town Pride event can move forward with a drag performance on the Town Common, the North Brookfield Select Board said at a meeting Tuesday, but without permission of the board itself.

The board took two votes on the issue Tuesday, the first to reverse its April 11 decision prohibiting the group from including a drag performance at its event this summer and the second to approve the event in its entirety.

But since two of the three board members, Chairman Jason M. Petraitis and Vice Chairman John Tripp, abstained from the second vote, the motion failed.

“I am not required to give you permission to do it,” Petraitis said. “This is gonna be probably the last time we vote on this.”

In late March, the select board voted to allow the Small Town Pride event with a drag performance on the North Brookfield Town Common.

But a few weeks later, April 11, the board rescinded that vote and instead voted to allow the event as long as it did not include the drag performance.

Petraitis said at the time that he had reviewed footage of drag performers at similar events in West Brookfield, and that while the performers were "fully clothed," their "gestures and comments" were not appropriate for an event on the Town Common where children would be "playing" and live nearby.

Tripp had also previously voiced his concerns about the appropriateness of a drag performance on the Town Common and reiterated his thoughts Tuesday.

“I still think it’s wrong in my mind, my religious belief and my constitutional right that I have also for freedom of speech and freedom of religion,” Tripp said. “I still don’t think it’s the right thing.”

The board’s earlier decision to block the drag show brought scrutiny from the American Civil Liberties Union of Massachusetts, which urged members to rescind their vote in its entirety.

By prohibiting the drag performances, the ACLU said, the select board was restricting the event organizers' free speech and free expression.

Drag show 'adult entertainment'

In a previous interview with the T&G, Petraitis said that the board was not restricting free speech banning drag shows on the common. He said the Rural Justice Network could find a private venue to hold the performance, which he said would be considered “adult entertainment.”

The ACLU, which disagreed with the categorization, sent the board a letter giving it until Wednesday to rescind its vote and alert the organization of its decision.

Petraitis took the letter to town counsel for advice. Tuesday, Petraitis read a letter from counsel urging the board to allow the drag performances.

“While I sympathize with the board members who find some of the proposed activities at the event inappropriate for the Town Common, I must strongly recommend that the drag performance that the board rescinded approval for on April 11 be allowed to be included,” the letter said.

The letter recommended the board rescind its April 11 vote due to the ACLU’s involvement which, based on past lawsuits it has filed, could cost the town tens of thousands of dollars.

When asked if he planned to sit down with the ACLU to discuss the situation, Petraitis said no because he does not “like to talk to communists.”

In an interview Wednesday with the Telegram & Gazette, Petraitis said the ACLU cannot sue the board now since it is allowing the event to go forward, although without a permit from the board.

“The North Brookfield Select Board’s prior decision to deny ‘Small Town Pride’ the right to include drag performance clearly violated both our state and U.S. constitutions," an ACLU spokesperson said in a statement about the board’s latest vote. "We are seeking clarification from the Town about some of the details of its latest decision. We will continue to work to ensure our clients are able to host an inclusive and joyous event on non-discriminatory terms.”

Event not 'sanctioned'

Petraitis said the group could have the event on the Town Common, since it is a public space and does not require permission from the board, but that the event itself would not be “sanctioned” by the board with a permit.

It wasn't clear how the lack of a permit may impact the group’s ability to have the event.

The Rural Justice Network had been asking for permits to use electricity, food trucks and parking.

When asked about whether that could happen now, Petraitis said he did not have an answer yet.

The Rural Justice Network will have to contact him to confirm it is planning to move forward with the event and about what it needs to go forward, and those details will be hammered out then, he said.

Wednesday, members of the Rural Justice Network said they would like clarity on the finer details of the event.

“We’re all happy they voted ‘yes’ to rescind that vote. … We’re pretty positive that the event is gonna go forward, but there’s a few details that still really need to be worked out,” said Tashena Marie, president of the organization.

Marie said that group would be working with the ACLU on a legal basis and MassEquality on "what it really means to the community."

Rob Orpilla, a member of the organization, said the latest developments have the organization feeling as if it is in limbo.

“We’re just keeping everyone in our core team and in the community in the loop to be prepared for whatever outcome that may happen,” he said. “We’re still trying to stay as on top of this as we can without damaging the safety of anybody."

'Waves' of support for group

Marie said the group has received “waves” of support from multiple organizations and have had multiple comments or messages on social media asking that the event go forward.

She hopes the attention from the North Brookfield event will inspire other rural Central Massachusetts towns to reach out about holding their own Small Town Pride.

“We are very interested in knowing other rural towns that want to have one because … regardless of what happens in North Brookfield, regardless of whether they're welcoming or not, that's not really going to weigh our decision,” Marie said. “It's more just about giving every town that wants to have that.”

This article originally appeared on Telegram & Gazette: North Brookfield drag show can go forward without permit, board says