Judge Overturns Drag Show Ban, Tells Those Offended “Just Don’t Go”

A federal judge struck down a Texas ban on drag shows on Tuesday, ruling it was unconstitutional—and that anyone who really has that much of a problem with it just shouldn’t go.

The law known as Texas Senate Bill 12, which is supported and enforced by Attorney General and Republican Senate nominee Ken Paxton, would have fined business owners up to $10,000 for hosting events with “sexually oriented performances.” The performers themselves faced the potential of a Class A misdemeanor, which can carry up to a year in jail.

U.S. District Judge David Hittner, a Reagan appointee, ruled that the law was a vague and unconstitutional restriction on free speech.

“For those who find such activities as described in this case offensive, the solution is relatively simple ... just don’t go,” he wrote.

Hittner also used Elvis Presley, Miley Cyrus, and recently deceased country music legend Dolly Parton as examples of why the drag ban was unconstitutional.

“Just as many people criticized Elvis’s signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for ‘twerking’ on stage during a live performance at the 2013 MTV Video Music Awards, there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he wrote.

“The Texas drag ban was blocked the same day we lost Dolly Parton. I couldn’t have ever guessed this day,” Brigitte Bandit, a drag queen and plaintiff in the case who often performed as Parton. “Drag is free speech, bitch.”