A Utah city has violated the 1st amendment by being denied permission to host a drag show: judges

SALT LAKE CITY (AP) — The city of St. George must grant a permit to a Utah-based group that organizes drag performances to host an all-ages drag show in a public park, a federal judge ruled who ruled the city ​​called Try stopping the show unconstitutional discrimination.

“Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces,” US District Judge David Nuffer wrote Friday in a ruling granting the injunction the group sought. “The First Amendment to the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.”

Southern Utah Drag Stars and their CEO Mitski Avalōx sued the city of St. George in May after the city denied the group permission for an all-ages show it planned to host in a public park in April. A complaint filed in federal court accused city officials of “blatant and ongoing violations of their rights to free speech, due process and equality” and asked St. George to reverse its decision and authorize a drag show in late June.

A city events coordinator told Drag Stars Avalōx said the group could begin promoting the April show before receiving approval. The City Council later denied the permit, citing a never-enacted ordinance that bans advertising before the permit is approved.

The denial of authorization under this ordinance, Nuffer wrote in his judgment, was a pretext for discrimination.

“Officials shall take an oath to ‘support, obey and defend the Constitution of the United States and the Constitution of the State of Utah,'” Nuffer wrote. “They don’t just serve the citizens who elect them, the majority of citizens in the community, or a vocal minority in the community.”

The city must not now enforce any new advertising bans against the group or their show, Nuffer ruled, ordering that the performance “must take precedence over any other event as planned.”

In a statement, the City of St. George said it is committed to keeping public parks and facilities viable and open to residents and those wishing to hold special events.

“Our intention is always to obey the law, both when making laws and when enforcing laws, and we will continue to do so,” the statement said. “We have read Judge Nuffer’s opinion and while we are disappointed with the outcome, we are currently evaluating our options in light of the ruling.”

The lawsuit marked the latest development in a drag show dispute in St. George, Utah, a conservative city 111 miles (179 kilometers) northeast of Las Vegas, Nevada. Since HBO filmed a drag show in a public park for an episode of its series We’re Here last year, the city has become a flashpoint in the nationwide battle over drag performances as it draws fresh political criticism from the Republican Party has. controlled cities and states.

Public events such as drag queen story hours and the all-ages event that Avalōx wanted to organize became more frequent targeted in parliaments across the country. In May: Florida Gov. Ron DeSantis signed a ban on minors attending drag shows and Montana Gov. Greg Gianforte signed a ban on people dressed in drag reading books to children in public schools and libraries.

In Utah, a proposal by a St. George Republican to require warnings about events such as drag shows or pride marches in public places failed after passing the state House of Representatives in March. The proposal grew out of opposition that arose from the HBO-produced drag show in St. George.

City officials granted permits for the show following objections from some council members and community activists. City Manager Adam Lenhard resigned months later after writing to council members that he could not legally refuse the issuance permits, according to emails receive by The Salt Lake Tribune.

Avalōx formed Southern Utah Drag Stars after the fallout in hopes of bringing drag to members of the LGBTQ+ community in a rural locale where such forms of entertainment are often lacking.

“I’ve made it my mission to continue doing these events, and not just for a month of the year, but for people who were like me when I was little… to be able to see that there are queer adults who are living “Long and fulfilling life,” Avalōx said in an interview with The Associated Press. “My biggest goal was to create a public space where people could go to a park and enjoy a show that’s for everyone.”