Under new ordinance, Branson restricts drag shows to downtown, prohibits minor attendance

The Branson Board of Aldermen passed the first reading of an ordinance this week that restricts where drag shows can be held in the city and who can attend them.

During an over-five-hour meeting on Tuesday, the Board of Aldermen voted in favor of the ordinance 3-2, with votes in opposition from Aldermen Cody Fenton and Chuck Rodriguez. At the Aug. 8 city council meeting, the Board of Aldermen will vote on adopting the ordinance with a set effective date.

Currently, drag shows are allowed anywhere in the city where live entertainment is permitted. Under the ordinance, drag shows would be restricted solely to the downtown district and a special use permit would be required of the establishment. Minors would also not be allowed to attend the performances.

"The downtown district was selected because, while drag shows typically do not qualify as adult entertainment ... these activities are similar to adult entertainment," Attorney Joe Lauber told the Board of Aldermen on Tuesday. "Adult entertainment is permitted in the downtown district with a special use permit."

How does the ordinance define 'drag show'?

Throughout Tuesday's Board of Aldermen meeting, the definition of "drag show" was often related to that of "adult entertainment." The city's definition of an adult-entertainment performance includes whole or partial nudity with genitals covered only be a transparent or opaque covering. Among community members and aldermen, there was contention about this comparison.

"Drag shows do not typically rise to the level of adult entertainment, as it is defined in the city code," Lauber told the Board.

The ordinance defines a "drag show" as, "a live entertainment performance in which characteristics of men or women are exaggerated by an in-person adult or groups of adults who impersonate male or female characters while wearing extravagant costumes, which may include clothes, accessories, makeup or removable prosthetics, excluding prosthetics for limbs or eyes."

In order to be considered a "drag show" under the ordinance, the performance must include impersonation "intended to subvert gender stereotypes" and "jokes, references, dancing, singing or any other conduct that depicts, describes or relates to specified sexual activities."

Lauber described the drag show definition as "adult entertainment lite."

"Why are we treating this as adult entertainment if it doesn't qualify?" Aldermen Rodriguez asked his colleagues on Tuesday. "If they're not breaking any rules right now, it seems like we're wasting time here."

Kevin Vaughan, a drag show promoter in Branson, said of the three drag shows he has helped host in the city, none met the city's definition of adult entertainment.

"We've not had any trouble at any of our shows and we've had three of them here," Vaughan said on Tuesday. "The first one happened without a hitch and no one even know about it. This feels like some sort of attack on the LGBTQ community."

Amendment to prohibit minors from attending drag shows

The original proposed ordinance allowed minors to attend drag shows in Branson, as long as they had permission from a parent or legal guardian. After hearing concerns from the public about children attending drag shows, the Board of Aldermen amended the ordinance to prohibit minors from attending shows entirely in a 5-0 vote.

District 156 Rep. Brian Seitz, who spoke Tuesday, expressed concern in protecting Branson's "young minds."

"Shows of this nature do not fit within our brand," Seitz said. "They're something that I do not personally attend or promote, and I don't think they fit Branson in general, as far as the entertainment value that we're trying to present: God, family, country."

Requirements for 'drag show establishments'

In addition to restricting drag shows to the downtown district, establishments that host drag shows would have to meet new zoning requirements under the proposed ordinance.

Under the ordinance, drag shows could not be held within 600 feet of a religious institution, school, public park or property zoned for residential use. Drag show establishments could also not be located within 600 feet of one another or any other business licensed to sell or serve alcohol.

Drag show establishments would also be limited to one wall-mounted sign, no larger than 50 square feet. This sign could not include flashing, blinking or moving features. Additionally, all openings, doors and windows of a drag show establishment would need to prevent viewing from the exterior.

Businesses that are hosting or have previously hosted drag shows would be "grandfathered" in, allowing them to continue hosting shows, even if they are outside the downtown district. This too stirred discussion at the Board of Aldermen meeting on Tuesday.

"If they're still allowed to do what they've always been able to do, then why are we even going through this whole process?" a Branson resident, who did not identify himself, asked the Board. "Do you have some backend information that there's a bunch of drag queen shows going to invade Branson? Because I don't; I haven't heard anything about it. Do you see how ludicrous this whole thing is?"

Why is Branson implementing this ordinance?

The City of Branson began work on an ordinance to regulate drag performances in the city after hearing comments of concern about the presence of shows in the city from the public in May. Prior to Tuesday's meeting, the Branson Planning and Development Department recommended that the Board of Aldermen approve the ordinance in a 7-2 vote.

"As a premier, and nationally known, family-oriented tourist destination that offers family-friendly live entertainment and attractions, the series of proposed changes within the ordinance are intended to preserve the City's values by restricting adult-oriented activities to a location of the City that currently allows such activities and where citizens and tourists can expect to encounter and attend such activities if desired," a City of Branson staff report states.

Federal judge deems Tennessee's anti-drag ban 'unconstitutional'

In early June, Federal Judge Thomas Parker, an appointee of former President Donald Trump, ruled that a Tennessee bill restricting "male and female impersonators" from performing in public was "unconstitutionally vague."

Tennessee Gov. Bill Lee signed the bill into place in March and by later that month, Memphis-based group Friends of George's filed a lawsuit against the state as the bill imperiled the lives of drag performers and "seeks to oppress queer culture state-wide."

"A law is unconstitutionally vague if individuals of common intelligence must necessarily guess at its meaning and differ as to its application," Parker stated in the 15-page decision.

This article originally appeared on Springfield News-Leader: New Branson ordinance restricts where drag shows can be held