SALT LAKE CITY (AP) — The city of St. George must issue a permit to a Utah-based drag performance group to host an all-ages drag show at a public park, a federal judge ruled, citing the city try 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 sought by the group. “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 group permits for an all-ages show it planned to hold in a public park in April. A complaint filed in federal court accused city officials of “flagrant and persistent violations of their freedom of speech, due process and equal protection rights,” and asked St. George to reverse its decision and authorize a drag show in late June.
A city event coordinator told Drag Stars, Avalōx said, the group could begin advertising the show in April before getting a permit. The City Council later denied the permit, citing a never-before-enforced ordinance banning advertising before the permit is approved.
The refusal of the permit on the basis of that regulation, Nuffer wrote in his ruling, was a pretext for discrimination.
“Government officials take an oath to ‘support, obey and defend the Constitution of the United States and 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 may now not enforce any new advertising bans against the group or its show, Nuffer ruled, ordering that the performance “must take precedence over any other event.”
Francisco Kjolseth/The Salt Lake Tribune via AP, file
In a statement, the City of St. George said it is committed to ensuring that public parks and facilities remain viable and open to residents and those who wish to hold special events.
“Our intention is always to follow the law, both when we legislate 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 with the outcome, we are currently evaluating our options in light of the ruling.”
The lawsuit marked the latest development in a fight over drag shows in St. George, Utah, a conservative city 179 miles northeast of Las Vegas, Nevada. Since HBO filmed a cross-dressing show in a public park last year for an episode of its “We’re Here” series, the city has emerged as a focal point in the nationwide cross-dressing battle as they’ve received renewed political attention in the Republicans. . controlled cities and states.
Public events such as drag queen story hours and the all-ages event that Avalōx planned to put together have been increasingly frequent focused in legislatures across the country. In May, Florida Governor Ron DeSantis signed a ban on minors attending drag shows, and Montana Governor Greg Gianforte signed a ban on people dressed in cross-dressing from reading books to children in public schools and libraries.
In Utah, a proposal by a St. George Republican to mandate warning messages for events such as drag shows or pride parades in public places stalled after passing the state House of Representatives in March. The proposal grew out of the backlash that resulted from the HBO-produced drag show in St. George.
City officials issued permits for the show over the objection of some council members and community activists. City manager Adam Lenhard resigned months later after writing council members to say he couldn’t legally deny show permits, according to emails obtained by The Salt Lake Tribune.
Avalōx founded Southern Utah Drag Stars after the fallout, hoping to showcase drag for members of the LGBTQ+ community in a rural environment where such forms of entertainment are often lacking.
“I’ve made it my mission to keep doing these events and not just one month out of the year, but to make sure that people who were like me when I was a kid… can see that there are queer adults out there who have a can live long and fulfilled lives,” Avalōx 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 is meant for everyone .”