ACLU Poised for Legal Battle Over Cottonwood’s Drag Performance Ban for Minors

A northern Arizona city is facing scrutiny over a proposal to limit children’s access to drag shows, including those deemed family-friendly, which could lead to significant legal challenges. On Tuesday, the American Civil Liberties Union (ACLU) of Arizona issued a stern warning to Cottonwood City Attorney John Austin Gaylord and the city council, asserting that such restrictions would violate constitutional protections.

ACLU attorney Lauren Beall emphasized their readiness to initiate legal action if the proposed ban on minors attending drag shows is approved. “Let us be clear: we are fully prepared to take emergency legal action if the Council should choose to enact such a ban,” she stated, urging the council to consider the implications of its actions.

The issue gained traction earlier this month when city council members expressed interest in discussing age limitations for attendees at future meetings. Councilwoman Joy Mosley suggested that only individuals over 18 should be allowed entry to drag performances. However, this topic was notably absent from the agenda for the council’s upcoming meeting on March 18.

The renewed focus on regulating drag shows coincides with the Arizona Pride Tour, which is scheduled to arrive in Cottonwood on March 22. The ACLU represents Miss Nature LLC, the nonprofit organization behind the Pride Tour, headed by Chris Hall, who performs as drag queen Miss Nature. Hall founded the tour to provide visibility for LGBTQ youth in rural areas where they may face hostility.

This isn’t the first confrontation over the Arizona Pride Tour; in 2023, the Cottonwood council nearly passed similar restrictions before reconsidering under ACLU pressure. Instead, they opted to revoke a liquor license for the hosting business, which was met with accusations of discrimination.

During the recent meeting, some council members expressed concern about the legal repercussions of their potential decision. Councilwoman Debbie Wilden noted the uncertainty surrounding the council’s legal responsibilities, while Chairwoman Ann Shaw assured that the policy would be fully discussed.

The ACLU argues that potential violations include infringing on free speech and discriminating against a protected class. Beall pointed out that any ordinance restricting attendance would constitute a prior restraint on speech, which is unconstitutional. “Government may not prohibit the expression of an idea simply because society finds it offensive,” she noted, referencing a Supreme Court ruling.

While there are provisions to regulate certain explicit content meant to protect minors, the ACLU asserts that the Arizona Pride Tour does not fall under this category. The event organizers have established safeguards for family-friendly performances, including adult accompaniment for minors, ID checks, and restrictions on inappropriate content.

Beall countered claims that drag performances are inherently sexual, arguing that they can serve artistic and political purposes. “Drag is not inherently sexual or prurient,” she elaborated, comparing it to various forms of dance that vary in appropriateness for different audiences.

Moreover, the ACLU warns that preemptively limiting access to the Pride Tour could amount to discrimination against the LGBTQ community. A significant Supreme Court decision in 2020 affirmed that discrimination based on sexual orientation or gender identity is unconstitutional.

While not all drag performers identify as LGBTQ, the art form has been pivotal to advancing LGBTQ rights. Historical figures like Marsha P. Johnson and Sylvia Rivera, who were instrumental in the Stonewall riots, were both drag queens.

Young attendees also find a sense of belonging at the events organized by the Arizona Pride Tour. Beall shared a message from an attendee expressing gratitude for the positive impact of the shows, stating, “You’re helping a lot of us young adults in this town have a voice.”