Ohio Republicans introduce bill to ban public drag performances

Drag performances in Ohio could be banned from public parks, parades and other places children might be if a bill introduced by House Republicans becomes law.

House Bill 245 expands the definition of adult cabaret performers from strippers and topless dancers to include "entertainers who exhibit a gender identity that is different from the performer's or entertainer's gender assigned at birth."

A change that would restrict certain drag events to bars and other spaces where minors are prohibited.

"It doesn’t mean all performances," Reps. Josh Williams, R-Sylvania, said. "A man dressed as a woman reading a book is constitutionally protected speech...But I’ve seen videos of performances here in the state of Ohio and across the nation that are improper to be done in the presence of minors."

Drag queens and kings would face charges if local prosecutors decided their performances were obscene or harmful to juveniles as defined by Ohio law.

Williams said that delineation strikes a balance between free speech and protecting Ohio's children, but opponents say current obscenity laws already cover his concerns and singling out LGBTQ performers in this way perpetuates stereotypes about gay people being inherently dangerous to children.

"I live in a mostly red area and people's beliefs drive their decisions and hate," said Kody Boggs, who performs as Redd Velvet. "It's going to be a problem."

More: Ohio drag queens refuse to quit as violence, intimidation by Nazi protesters increase

What is an obscene performance?

Performing in drag was popular during the Shakespearean era (late 1500s) when women weren't allowed to act on stage. A handful of drag queens like Dame Edna Everage achieved notoriety in the centuries since, but it wasn't until the Emmy Award-winning show "RuPaul's Drag Race" launched in 2009 that drag culture really entered the modern mainstream.

Drag queen story hour was created in 2015, and the backlash against the concept soon followed.

Conservative writers and pundits called these events inappropriate at best, claiming their not-so-hidden purpose is to sexually groom children. And while Williams was clear that not all drag is inherently obscene, he believes there are performers who behave inappropriately.

That's why he and 42 other Republicans think HB 245 is necessary. Williams said it will "put the power and the discretion in the hands of law enforcement officials" to decide whether individual shows or events were "harmful to juveniles."

A charge that can have serious consequences.

Ohio Revised Code defines that harm as "any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sadomasochistic abuse" where the following conditions are met:

• Appeals to the "prurient" or excessive interest of juveniles in sex.

• Offensive to "prevailing standards in the adult community" about what is suitable for children.

• Lacks serious literary, artistic, political, and scientific value for children.

Obscene performances are defined as those where the show's "dominant" or primary purpose is to arouse lust by depicting sexual activity, sexual excitement or nudity. And if a drag queen or king was convicted under HB 245, they would be facing a first-degree misdemeanor at minimum.

If a minor saw their show, they could face a first-degree misdemeanor. If the performance was deemed obscene, the charge would be a fifth-degree felony.

If a minor younger than 13 was at an obscene performance, that charge would climb to a fourth-degree felony, which carries a maximum prison sentence of 18 months.

"You're talking about the potential for actual jail time," said Gary Daniels, a lobbyist for the American Civil Liberties Union of Ohio. "Does this apply to someone walking down the street or waiting for a bus? I don’t read it that way. But it does beg the question of let’s say you are walking as part of a gay pride parade. It can be said you are performing there."

Daniels worried that enforcement of HB 245 might depend on where the event took place.

For example, Small Town Pride hosts an annual event in Celina, a small town in western Ohio. Its drag show has come under fire from locals who say some of the dance moves and costumes are inappropriate for children.

Boggs, who organizes the drag queens for that Celina show, told the USA TODAY Network Ohio Bureau the performer in question is a gymnast with a background in dance and opponents were "twisting it to make it seem worse than what it was."

"This is the problem with bills that impact freedom of speech," Daniels said. "When they are broad when they are open interpretation. you have people afraid to speak."

What's happening in other states?

Ohio isn't the first state to consider a ban on public drag performances. Lawmakers in at least eight other states have introduced similar legislation.

Tennessee Republicans banned public drag performances in March, but a U.S. district judge overturned it in June saying the law violated the First Amendment right to freedom of speech.

Williams, who is an attorney himself, said he crafted his legislation with that in mind, "This is the most narrowly tailored bill on this subject matter in the nation."

LGBTQ groups don't see it that way, saying HB 245 is "censorship over safety."

"There have been multiple documented incidents of self-identified Nazis showing up to performances in Ohio in the past nine months. The Department of Homeland Security has sent out multiple alerts indicating the growing threat of hate crimes against LGBTQ+ people," Equality Ohio policy director Maria Bruno said in a statement. "Yet instead of addressing guns, targeted intimidation, or any of the escalations of violence that we are seeing in our communities, Ohio’s statehouse politicians instead have chosen to broadly criminalize performing arts."

Anna Staver is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio Republicans introduce bill to ban public drag performances