'We are relieved': BoroPride wins court order to protect LGBTQ+ festival from government
A Friday court order blocks Murfreesboro officials from enforcing its "anti-LGBTQ+ ordinance" during the BoroPride festival Saturday, the American Civil Liberties announced.
The annual LGBTQ+ festival will be from 1-8 p.m. Saturday at Tennessee Miller Coliseum, at 304 W. Thompson Lane in north Murfreesboro. The coliseum is owned and operated by Middle Tennessee State University.
BoroPride organizers with the Tennessee Equality Project Foundation teamed with the ACLU to file a recent federal lawsuit against the city that accuses the Murfreesboro government of violating First Amendment rights for festival participants.
The festival organizers won the court order from Judge Waverly D. Crenshaw Jr., the chief judge for the U.S. District Court in Nashville.
Crenshaw's ruling tells the local government, Murfreesboro City Manager Craig Tindall, Mayor Shane McFarland, the Murfreesboro Police Department and other city officials that they "shall not enforce or take any action pursuant to the provision to Murfreesboro City Code 21-71 that includes 'homosexuality' within the definition of 'sexual conduct.'"
The city's recent community decency standards ordinance has concerned supporters of BoroPride and the Rutherford County Library System who worry about book banning.
Murfreesboro spokesman Mike Browning provided the following response from the government about the court order:
“The parties agreed and the judge accepted an agreement temporarily suspending enforcement of an ordinance designed to specify certain civil penalties against indecency in public spaces and to protect children from indecent conduct. However, other existing state statutes and city ordinances and penalties regarding such conduct remain applicable.”
'Is that what we want?': Library book freedom may be issue with Murfreesboro decency law
BoroPride won't compromise on First Amendment rights
Festival organizers, such Chris Sanders, the leader of the Tennessee Equality Project Foundation, sought the court order, according to the ACLU press release.
“We are relieved that the court has taken action to ensure that Murfreesboro's discriminatory ordinance will not be enforced during the BoroPride festival," Sanders said in the press release. "We look forward to a safe, joyful celebration of Murfreesboro's LGBTQ+ community."
Sanders has taken a stance that BoroPride will not compromise on First Amendment rights, including for LGBTQ+ people to express a part of who they are through drag shows, and rejects the city's position that drag performances are adult entertainment.
BoroPride will be for all ages at Tennessee Miller Coliseum.
The festival's 11 a.m. BoroPride Drag Pageant and 9 p.m. Drag Show, however, will be for those 18 and older with an ID check at Austin Audio, 707 W. Main St. in downtown Murfreesboro. The newly crowned court also will appear at the drag show with internationally known performer Sasha Velour.
'I gotta believe!': BoroPride pleased with revised festival plan, MTSU public records show
City manager says he'll reject future permits for BoroPride
The issue started a year ago when the city manager sent a letter to BoroPride organizers to tell them he would deny future permits for the festival and drag show on the local government's property. Tindall's letter accused the 2022 BoroPride event of exposing “children to a harmful prurient interest.”
The previous festival attracted over 7,000 people to Cannonsburgh Village, a historic parks and recreation property in downtown Murfreesboro on Front Street across Broad Street (U.S. Highway 41) from the nearby Murfreesboro City Hall.
BoroPride organizers, however, found a new location for the 2023 festival at Tennessee Miller Coliseum. They initially applied to be on the Middle Tennessee State University campus in downtown Murfreesboro but reached an agreement instead to use MTSU's Tennessee Miller Coliseum.
The Murfreesboro mayor and the city manager both responded in a similar way to a question from The Daily News Journal about BoroPride finding a location in 2023. McFarland and Tindall each said the Murfreesboro government has no jurisdiction to prohibit BoroPride from using state property, such as the MTSU campus or the university's Tennessee Miller Coliseum.
BoroPride supporters speak up: Murfreesboro pride group says they're 'about love and acceptance,' amid controversy
ACLU praises court order and seeks to strike down city ordinance
The ACLU press release provided the following statement from Ballard Spahr and Burr Forman.
“We are grateful that the court has temporarily blocked the anti-LGBTQ+ ordinance and protected the free speech and expression of Murfreesboro residents and drag performers during the BoroPride Festival. This festival creates a safe space to celebrate the freedom of self-expression and cultivates community, solidarity, and joy among LGBTQ+ community members. LGBTQ+ people should not have to live in fear of being targeted by their local elected officials, and we will continue to protect this space and the free speech rights of Murfreesboro residents until this ordinance is struck down for good.”
LGBTQ+ festival issue: Mayor McFarland tells BoroPride supporters to 'find a way to compromise'
Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow him on Twitter @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription.
About BoroPride festival
When is the LGBTQ+ festival scheduled for all ages: 1-8 p.m. Oct. 28
Where is event: Tennessee Miller Coliseum at 304 W. Thompson Lane in north Murfreesboro
Admission: free for all BoroPride events
When and where is BoroPride Drag Show for those 18 and up: 9 p.m. Oct. 28 at Austin Audio, 707 W. Main St. in downtown Murfreesboro
When and where is The BoroPride Drag Pageant for those 18 and up: 11 a.m. Oct. 28 at Austin Audio, and the newly crowned court will appear at evening drag show
What will be at event for all ages at Miller Coliseum: a main stage with live music and other entertainment, games, Pride Dog costume contest, community information tables, vendors and "your favorite food trucks," says Leslie Russell Yost, one of the BoroPride organizers
Sponsoring group for BoroPride: Tennessee Equality Project Foundation, an organization that advocates for equal rights for LGBTQ+ people
Name of Facebook page that provides festival updates: BoroPride
Sponsorship opportunities or questions: email BoroPrideEvent@gmail.com
Inaugural year: 2016
Initial location: Grounds of historic Rutherford County Courthouse in the center of Murfreesboro's downtown Public Square
Date of most recent festival: Sept. 17, 2022
Location for 2022 event: Cannonsburgh Village, an historical parks and recreation property in downtown Murfreesboro off Front Street and across Northwest Broad Street (U.S. Highway 41) from nearby Murfreesboro City Hall
Attendance at 2022 event: More 7,000
Total BoroPride festivals so far: Six
Note: BoroPride skipped 2020 in the first year of COVID-19 pandemic
Source: Leslie Russell Yost, chairperson for 2022 BoroPride festival
This article originally appeared on Murfreesboro Daily News Journal: BoroPride wins court order to protect LGBTQ+ festival from government
