A Utah city violated the First Amendment in denying a drag show permit, judge rules – KSL.com
Estimated read time: 4-5 minutes
SALT LAKE CITY The city of St. George must issue a permit for a Utah-based group that organizes drag performances to host an all-ages drag show in a public park, a federal judge ruled, calling the city's attempt to stop the show unconstitutional discrimination.
"Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces," U.S. District Judge David Nuffer wrote in a Friday ruling granting the preliminary injunction requested by the group. "The First Amendment of 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 its CEO, Mitski Avalx, sued the city of St. George in May after the city denied the group permits for an all-ages show it aimed to host in a public park in April. A complaint filed in federal court accused city officials of "flagrant and ongoing violations of their free speech, due process, and equal protection rights," and asked for St. George to reverse its decision and authorize a drag show at the end of June.
A city events coordinator told Drag Stars, Avalx said, that the group could start advertising for the April show before obtaining a permit. The city council later denied the permit, citing a never-previously-enforced ordinance that forbids advertising before permit approval.
The permit denial based on that ordinance, Nuffer wrote in his ruling, was a pretext for discrimination.
"Public officials 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 do not merely serve the citizens who elect them, the majority of citizens in the community, or a vocal minority in the community."
The city now may not enforce any new advertising prohibitions against the group or its show, Nuffer ruled, ordering that the performance must "take scheduling precedence over any other event."
In a statement, the city of St. George said it is committed to ensuring public parks and facilities remain viable and open to residents and those who want to hold special events.
"Our intent is always to follow the law both when we enact laws and when we enforce laws, and we will continue to do so," the statement said. "We have read Judge Nuffer's opinion and while we are disappointed in the result, we are currently evaluating our options in light of the ruling."
The lawsuit marked the most recent development in a fight over drag shows in St. George. Since HBO filmed a drag show in a public park last year for an episode of its series "We're Here," the city has emerged as a flashpoint in the nationwide battle over drag performances as they've garnered newfound political scrutiny in Republican-controlled cities and states.
Public events like drag queen story hours and the all-ages event that Avalx intended to put together have been increasingly targeted in legislatures throughout 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 from reading books to children at public schools and libraries.
In Utah, a proposal from a St. George Republican to require warning notices for events like drag shows or pride parades in public places stalled after advancing through the state House of Representatives in March. The proposal stemmed from the pushback that resulted from the HBO-produced drag show in St. George.
City officials issued permits for the show over objections from some council members and community activists. City Manager Adam Lenhard resigned months later after writing councilmembers to say that he could not legally deny the show permits, according to emails obtained by The Salt Lake Tribune.
Avalx founded Southern Utah Drag Stars after the fallout, hoping to showcase drag for members of the LGBTQ+ community in a rural place where such forms of entertainment are often lacking.
"I made it my mission to continue to do these events and not just one month out of the year, but to do so people that were like me when I was little ... can see that there are queer adults that get to live a long and fulfilled life," Avalx said in an interview with The Associated Press. "My biggest ambition was to provide a public space where people can go to a park and enjoy a show that's meant for everyone."
Link:
A Utah city violated the First Amendment in denying a drag show permit, judge rules - KSL.com
- More on the New York Trump Case and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Campus encampment bans rarely violate the First Amendment. Here's why. - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Students were primed for First Amendment talk. This Pierce County district backed out - Tacoma News Tribune - May 5th, 2024 [May 5th, 2024]
- Campus chaos vindicates the American system and the First Amendment - The Hill - May 5th, 2024 [May 5th, 2024]
- Trump's Trial and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Can Texas public universities remove protesters from campus? First Amendment experts explain - Austin American-Statesman - May 5th, 2024 [May 5th, 2024]
- Are gag orders constitutional? SCOTUS says it depends - VERIFYThis.com - May 5th, 2024 [May 5th, 2024]
- Donald Trump Has a First Amendment Right to Pay Hush Money to Support his Electoral Ambitions - Reason - May 5th, 2024 [May 5th, 2024]
- "Antisemitism Awareness Act of 2023" (Which Just Passed the House) Could Suppress First-Amendment-Protected ... - Reason - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - The New York Times - May 5th, 2024 [May 5th, 2024]
- ACLU of Wisconsin Emphasizes the Importance Of Student's First Amendment Rights Ahead of Protests Planned at UW ... - ACLU of Wisconsin - May 5th, 2024 [May 5th, 2024]
- Indiana University Officials Need to Follow Community's Lead on Commitment to First Amendment - ACLU of Indiana - May 5th, 2024 [May 5th, 2024]
- An American-Israeli Caught Between Antisemitism and The First Amendment - The Times of Israel - May 5th, 2024 [May 5th, 2024]
- Citizens United, campaign finance, and the First Amendment - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Studios Warn Of First Amendment Implications For SAG-AFTRA-Backed AI Bill To Require Consent For Digital Voice And Likeness - Deadline - May 5th, 2024 [May 5th, 2024]
- Norman Siegel: A lifetime of protecting the First Amendment - Spectrum News NY1 - May 5th, 2024 [May 5th, 2024]
- ACLU and First Amendment Coalition Challenge Cal Poly Humboldt's Campus Closure and Press Restrictions - Redheaded Blackbelt - May 5th, 2024 [May 5th, 2024]
- 13 seconds of bloodshed: Community shares themes of activism, First Amendment with upcoming May 4 commemoration - Kent Wired - May 5th, 2024 [May 5th, 2024]
- Day 2 of pro-Palestinian protests on Wisconsin campuses, First Amendment expert weighs in - WISN Milwaukee - May 5th, 2024 [May 5th, 2024]
- First Amendment under attack: How the Police State muzzles our right to speak truth to power - Washington Times - May 5th, 2024 [May 5th, 2024]
- UngagTrump The Fight for First Amendment: The Leader in Freedom Fundraising. - GiveSendGo - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - myheraldreview.com - May 5th, 2024 [May 5th, 2024]
- What to do if you get arrested? What to know about the First Amendment amid Tennessee campus protests - Knoxville News Sentinel - May 5th, 2024 [May 5th, 2024]
- What rights do protesters at the U of M encampment have? - KARE11.com - May 5th, 2024 [May 5th, 2024]
- Sen. Vance worries college protests are moving beyond First Amendment and into chaos for local communities - WTRF - May 5th, 2024 [May 5th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 22nd, 2024 [April 22nd, 2024]
- TikTok ready to move to the courts to prevent ban in US - Ars Technica - April 22nd, 2024 [April 22nd, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 22nd, 2024 [April 22nd, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 22nd, 2024 [April 22nd, 2024]
- OPINION | Tulane must commit to upholding First Amendment - Tulane Hullabaloo - April 22nd, 2024 [April 22nd, 2024]
- Parsons' Attorney Michael Judd Participates As Panelist At First Amendment Society Event - Mondaq News Alerts - April 22nd, 2024 [April 22nd, 2024]
- Does BVU know the first amendment? The Tack Online - BVU The Tack Online - April 22nd, 2024 [April 22nd, 2024]
- Weber State University students using their first amendment rights - The Signpost - April 22nd, 2024 [April 22nd, 2024]
- Pennsylvania Court Lets Suit Over Removal of Columbus Statue Go Forward - Reason - April 22nd, 2024 [April 22nd, 2024]
- Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Fox News - April 20th, 2024 [April 20th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 20th, 2024 [April 20th, 2024]
- Don't Panic About the Supreme Court's Right to Protest RulingYet - The New Republic - April 20th, 2024 [April 20th, 2024]
- Supreme Court Is Apparently Fine with the Assault on the First Amendment That Is Mckesson v. Doe - Esquire - April 20th, 2024 [April 20th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 20th, 2024 [April 20th, 2024]
- Kerrville Residents File First Amendment Lawsuit In Federal Court Against City - The Texan - April 20th, 2024 [April 20th, 2024]
- NPR Against the First Amendment - The New York Sun - April 20th, 2024 [April 20th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 20th, 2024 [April 20th, 2024]
- The Supreme Court effectively abolishes the right to mass protest in three US states - Vox.com - April 20th, 2024 [April 20th, 2024]
- Media Miss by the Left: Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Straight Arrow News - April 20th, 2024 [April 20th, 2024]
- Supreme Court allows police officers suit to move forward against Black Lives Matter leader - The Hill - April 20th, 2024 [April 20th, 2024]
- Tom Cotton Clearly Hates The First Amendment - Betches - April 20th, 2024 [April 20th, 2024]
- A new Supreme Court case threatens to take away your right to protest - Vox.com - January 27th, 2024 [January 27th, 2024]
- No, Blocking Traffic Is Not Protected by the First Amendment - Reason - January 27th, 2024 [January 27th, 2024]
- Cable Giants Insist That Forcing Them To Make Cancellations Easier Violates Their First Amendment Rights - Above the Law - January 27th, 2024 [January 27th, 2024]
- Know Your Rights: Students in Higher Education & the First Amendment - New York Civil Liberties Union - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - GBH News - January 27th, 2024 [January 27th, 2024]
- SPJ co-authors legal brief supporting First Amendment right to record and publish livestreamed court hearings - Society of Professional Journalists - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - KPBS - January 27th, 2024 [January 27th, 2024]
- Letter writer reminds others about intent behind the First Amendment - Call Newspapers - January 27th, 2024 [January 27th, 2024]
- FCC's Jessica Rosenworcel On Trump Broadcast License Threats: First Amendment Guides Us. - Insideradio.com - January 27th, 2024 [January 27th, 2024]
- Faith-based school chaplains would test First Amendment - Fort Wayne Journal Gazette - January 27th, 2024 [January 27th, 2024]
- Arrested citizen journalist wasn't 'martyr' for journalism, 5th Circuit says in tossing her First Amendment suit - ABA Journal - January 27th, 2024 [January 27th, 2024]
- First Amendment Bowled Over by Lanham Act Again - The National Law Review - January 27th, 2024 [January 27th, 2024]
- Florida House passes HB 1 to ban kids 16 and under from having social media accounts - NBC 6 South Florida - January 27th, 2024 [January 27th, 2024]
- Lawmakers debate whether mostly banning mugshots violates the First Amendment - My Buckhannon - January 27th, 2024 [January 27th, 2024]
- Lizzo Accusers Say First Amendment Is No Reason To Throw Out Assault, Sexual Harassment & Discrimination Suit Against Grammy Winner - Yahoo... - November 13th, 2023 [November 13th, 2023]
- Trump Appeals Gag To Protect First Amendment Right To Intimidate ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- Chemerinsky: 'I am a 70-year-old Jewish man, but never in my life ... - Foundation for Individual Rights in Education - November 13th, 2023 [November 13th, 2023]
- Prosecutors Mock Trump Attempt To Get Election Case Dismissed ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- New bill to criminalize flying unauthorized flags on public property ... - Alabama Daily News - November 13th, 2023 [November 13th, 2023]
- This First Amendment Attack is Designed to Reduce Gun Ownership ... - America's 1st Freedom - November 13th, 2023 [November 13th, 2023]
- SGA Amendment to Make Amendments Easier Passes; Will Move to ... - PantherNOW - November 13th, 2023 [November 13th, 2023]
- Civil rights leaders cannot be held liable for acts of rogue protestors - Foundation for Individual Rights in Education - November 13th, 2023 [November 13th, 2023]
- Justice Department Announces Investigation of the City of Lexington ... - Department of Justice - November 13th, 2023 [November 13th, 2023]
- Danny De Gracia: Don't Fall For Fake Election News This Year ... - Honolulu Civil Beat - November 13th, 2023 [November 13th, 2023]
- Mike Johnson: The Christian Nationalist Speaker Daily Montanan - Daily Montanan - November 13th, 2023 [November 13th, 2023]
- AI and a marketplace of illusion and confusion - The Fulcrum - November 13th, 2023 [November 13th, 2023]
- Increased efforts to require party labels in Ohio races - Spectrum News 1 - November 13th, 2023 [November 13th, 2023]
- Louisiana's 'In God We Trust' Law May Violate Establishment Clause Of The First Amendment - TPM - November 7th, 2023 [November 7th, 2023]
- Coalition of Baptist leaders will file amicus brief challenging NAMB's view of First Amendment - Baptist News Global - November 7th, 2023 [November 7th, 2023]
- Legal Docket: Facebook and the First Amendment - WORLD News Group - November 7th, 2023 [November 7th, 2023]
- How First Amendment protections are limiting our ability to ensure ... - Slate - November 7th, 2023 [November 7th, 2023]
- The right to disagree matters | WORLD - WORLD News Group - November 7th, 2023 [November 7th, 2023]
- Woodland Park teachers win their fight to restore First Amendment ... - Colorado Public Radio - November 7th, 2023 [November 7th, 2023]
- Flagler County judge dismisses traffic tickets against 'First ... - Palm Coast Observer and Ormond Beach Observer - November 7th, 2023 [November 7th, 2023]