EDITOR’S NOTE: This article has been updated with reaction from Tennessee Attorney General Jonathan Skrmetti and state Rep. Aftyn Behn.
The 6th Circuit Court of Appeals has reversed a lower court’s ruling and upheld Tennessee’s 2023 ban on adult cabaret entertainment in front of children.
The court found that Memphis theater group Friends of George’s, which puts on drag shows, failed to show standing in its challenge of the state law and instructed the U.S. District to dismiss the case.
The theater group filed suit against the state claiming the ban on cabaret performances and drag shows violated its First Amendment rights. The district court sided with Friends of George’s and declared the law unconstitutional, permanently enjoining Shelby County District Attorney Steve Mulroy from enforcing the law in his jurisdiction. Mulroy appealed the ruling, questioning the cabaret club’s standing and the merits of an injunction overriding the ban.
The appeals court determined the group failed to meet its burden that the ban would put it in danger of prosecution and sent the case back to the lower court with orders to dismiss it.
The case stemmed from the Legislature’s passage of the Adult Entertainment Act in 2023 that made it illegal to put on adult cabaret shows on public property or in places where the entertainment could be seen by a minor.
“Adult cabaret entertainment” is defined as “adult-oriented performances that are harmful to minors” and feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators and similar entertainers.
The law’s passage stemmed, in part, from complaints about an annual PRIDE parade in Jackson that could be seen by children.
The Tennessee Attorney General’s Office pointed out afterward the Sixth Circuit found that the district court was mistaken, in saying “there is no constitutional interest in exhibiting indecent material to minors.”
Attorney General Jonathan Skrmetti said in a statement the entertainment act has been “misrepresented” since it became law.
“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression. But as the court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the exhibition of obscene material to children.”
In contrast, Democratic state Rep. Aftyn Behn of Nashville criticized the ruling and called it a “misguided attack” on the LGBTQ community.
“This ruling is absurd and flies in the face of small government principles,” Behn said in a statement. “It targets drag performers under the false pretense of protecting children, even though the court acknowledged that these performances are not harmful to minors.”
6th Circuit drag ban
