After nearly eight hours of testimony and legal arguments, a two-day trial held in Memphis over Tennessee’s new adult entertainment law ended Tuesday. 

Attorneys have until Friday to submit briefs, and U.S. District Court Judge Thomas L. Parker has until June 2 to issue an opinion.

The lawsuit and pending ruling represent a major test of the controversial measure governing drag shows that was signed into law by Tenn. Gov. Bill Lee on the same day he signed legislation limiting what advocates call gender-affirming care for youths.

Judge grants temporary injunction on ‘drag-ban’ law

“This is an effort of a reactionary group of lawmakers to push LGBT people back into the closet,” attorney Brice Timmons, representing the plaintiffs, said of the adult entertainment measure. “We’re talking about pushing people back four decades. No doubt there are people in this city, on our police forces, that would love that.”

The Memphis-based Friends of George’s theater company filed the lawsuit March 27 in federal court for the Western District of Tennessee. The suit challenged the state law, commonly referred to as the “drag ban” law, on First Amendment grounds.

The suit led to a temporary restraining order against enforcement.

The law bans any “adult cabaret performance,” including those by a “male or female impersonator,” on public property and in places children may be present. The law was scheduled to take effect April 1.

On brink of drag ban taking effect, Memphis theater company seeks federal injunction

As the trial ended, attorneys for the state asked that if an injunction is issued by Parker, it declare the unconstitutionality of the legislation apply only to the plaintiff in this case and just in Shelby County.

“I’ve literally never heard an argument like that,” Timmons said. “That’s not how that works.”

The earlier restraining order was extended until June 6, and May 26 is the deadline for both sides to file findings and conclusions before the judge’s decision.

Attorneys for the theater company argued the bill is not just about protecting children, as advertised by legislators, but that it is specifically targets speech with which the legislative majority does not agree. They said enforcement of the law would move the theater company away from its mission.

“This law targets the speech of Friends of George’s writers and performers,” Timmons said during the hearing. “By targeting their speech, it limits the performances and the productions that Friends of George’s can do. The harm doesn’t have to be this law will result in your incarceration; the harm can be this law frustrates your purpose as an organization.

Two detained while protesting drag show ban

“That is the legal standard,” he said.

Attorneys also asked that the names of witnesses who testified Monday be redacted due to being threatened by various people opposing their cause, including members of the Proud Boys.

Parker questioned attorneys for most of Monday afternoon and Tuesday morning about the legal grounds for the case, asking about the interpretation of the wording of the act.

State attorneys argued the bill would not necessarily impact Friends of George’s theater performances, saying the group could easily identify attendees and ensure they are more than 18 years old, creating an adult environment.

Parker previously ruled the bill was too vague and leaves the door open for personal interpretation on what may be obscene.

Proposed legislation would ban public drag shows, some treatments for trans youth

Testimony from a board member of Friends of George’s said the theater company has already been impacted by the bill, citing a decrease in their performances’ net income, which goes to LGBTQ+ charities, due to the company hiring security to ensure the safety of performances following threats.

The board member added that sponsorships, budget and applications for drag performances at Mid-South Pride were all down compared to previous years. State attorneys argued that fact shouldn’t sway opinion.

Parker wondered whether something such as rock musician Alice Cooper biting a live animal on stage, as was rumored in the 1970s as happening, would constitute being harmful for children. Assistant state attorney general Matt Rice said that would not fall under the legislation.

The law itself grows out of legislation already in Tennessee codes dating to the 1980s. Parker said awareness of gender identity and fluidity has changed since that era.

Parker wondered if the bill would change the standard for obscenity. The judge also wondered if a sting operation, like with beer licensing, could occur in areas.

A first offense for violating the law would be a Class A misdemeanor. A second offense would be a Class E felony.