ACLU Warns of Legal Action Over Cottonwood’s Proposed Ban on Minors at Drag Shows

A city in northern Arizona is debating a potential ban on minors attending drag shows, including family-friendly performances, which may lead to legal action. The American Civil Liberties Union (ACLU) of Arizona dispatched a letter to Cottonwood City Attorney John Austin Gaylord and the city council, indicating that such restrictions could violate constitutional rights. ACLU attorney Lauren Beall warned they are prepared to initiate legal proceedings if the council enacts the proposed ban.

On March 18, the council is set to discuss limiting the age of attendees at drag shows. Councilwoman Joy Mosley, who advocated for this debate, suggested that only individuals aged 18 and older should be permitted to attend. This renewed scrutiny comes amid the upcoming Arizona Pride Tour, scheduled for March 22, which celebrates drag artistry and LGBTQ visibility.

Chris Hall, known as the drag queen Miss Nature, leads the Arizona Pride Tour. The tour aims to promote positive representation for LGBTQ youth, particularly those facing adversity in conservative areas. This push against drag events is not new; in 2023, the Cottonwood council narrowly defeated a similar ordinance after the ACLU threatened legal action.

Concerns regarding the city’s legal obligations surfaced during the meeting that endorsed the upcoming discussion. Councilwoman Debbie Wilden voiced apprehension about the legality of the proposed measures. Chairwoman Ann Shaw assured members that legal ramifications would be examined during deliberations.

The ACLU asserts that a ban could infringe on free speech rights and discriminate against a protected class of citizens. Beall emphasized that any ordinance limiting attendance would constitute an unconstitutional restriction on expression. She cited the Supreme Court’s long-standing position that government bodies cannot censor speech merely because it is deemed offensive by some segments of the community.

While laws do allow for regulation of certain performance types aimed at protecting children, Beall highlighted that the Arizona Pride Tour does not qualify as such. Organizers have implemented strict measures to designate shows as family-friendly or adult-only, ensuring age-appropriate content at each performance.

For the Cottonwood event, children must be accompanied by an adult, and all attendees will have their IDs checked. Furthermore, performers are contractually obligated to avoid adult themes in family-oriented shows. Beall stated that drag is not inherently sexual and that the performances encompass a broader commentary on gender identity.

Moreover, preemptive restrictions could also result in discrimination against the LGBTQ community. The U.S. Supreme Court ruled in 2020 that any discrimination based on sexual orientation or gender identity is unconstitutional. While not all drag performers identify as LGBTQ, drag culture has been integral to the community’s history and the fight for civil rights, with notable figures such as Marsha P. Johnson and Sylvia Rivera emerging from the drag scene.

Testimonies from young attendees reflect the impact of such shows. Beall relayed a heartfelt message from a young Arizonan who expressed gratitude for the inspiration derived from attending the drag events, particularly in light of their own struggles with bullying over their sexuality. The ACLU firmly believes that participation in the Arizona Pride Tour provides a vital platform for acceptance and self-expression for LGBTQ youth.