Focus at Four: SB-12 blocked by district judge ruling
AUSTIN, Texas (KBTX) – Hundreds of new laws are taking effect today as the calendar turns to September, but several of those have been challenged in court.
This includes Senate Bill 12, which is not taking effect because of a U.S. District Judge ruling that it likely violates the First Amendment. The law would have criminalized sexually oriented performances in front of children or effectively banned some public drag shows. The Civil Rights Clinic Director from Texas A&M School of Law, Sara Zampierin, broke down the law and the issues surrounding it.
Zampierin said that the ban was challenged by various people, not just drag performers.
“A number of challengers sued the state and some local governments over the law and the possible enforcement of SB 12. It included some drag performers, some businesses that facilitate drag performances or host drag performances. Also, some actors and some theaters were worried that conduct that they engage in would be criminalized or penalized under the law, ” she said.
The ban did not hold up against the judge who was on the case and has a restraining order on it at the moment, but it is temporary.
“This temporary restraining order is in effect for 14 days. It could be extended, but all signs point to the fact that Judge Hittner will likely issue a final order sometime in the next two weeks or slightly after,” said Zampierin.
Although the people who designed the bill said it was a very narrow window for interpretation, Zampierin said that there are many things that could be interpreted as breaking this potentially future law.
“Challengers point out that activities such as hugs, dancing, even displaying famous nude art, like Michelangelo’s David, other nonobscene expression,” she said.
But, Zampierin said that the future of this law does not look good.
“I think it will be the judge’s issuance of a temporary restraining order that shows that he thinks there are substantial problems under the First Amendment,” Zampierin said.
