Proposed bill would restrict drag performances in Ohio

COLUMBUS, Ohio (WCMH) — A bill that supporters said would protect kids from obscene performances, but opponents said would ban drag shows, had its second hearing at the Ohio Statehouse on Wednesday afternoon, where about 50 supporters submitted testimony.

House Bill 245, sponsored by Representatives Josh Williams (R-Sylvania) and Angie King (R-Celina), would ban “adult cabaret performances” that are defined as harmful to juveniles in all locations other than a “nightclub, juice bar, restaurant, bottle club, or similar establishment.”

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“’To prohibit adult cabaret performances in locations other than adult cabarets,’” David Mahan from the Center for Christian Virtue said. “How is this controversial?”

Harmful to juveniles is defined in the bill, in part, as “quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse.”

The definition of an adult cabaret performance includes performers who “exhibit a gender identity that is different from their gender assigned at birth.” Opponents said they worry the passage of the bill would mean an effective ban on drag shows. When asked, some supporters of the bill said all drag shows are harmful to children and/or obscene.

“There’s nothing obscene about existing or engaging in drag as an art form, but fundamentally the supporters of the bill see it as obscene,” Cam Ogden of Trans Allies of Ohio and Equality Ohio said.

“We’re not saying drag performances are inherently obscene. I cannot regulate drag queen story hour. I can’t. You can dress in drag, you can be transgender in the state of Ohio,” Williams said. “But what you shouldn’t do, is just like every other adult in the state of Ohio, is engage in obscene conduct in the presence of a minor. If you do, you’re going to go to jail.”

If enacted, a violation of the statute could lead to criminal charges:

• A misdemeanor of the first degree if a performance occurs in the presence of a juvenile under the age of 18

• A felony of the fifth degree if the performance is “obscene”

• A felony of the fourth degree if the performance is “obscene” and occurs in the presence of a juvenile under the age of 13

“I made a statute that said all adult performers that are engaged in performances that are harmful to juveniles or obscene should do so in an adult cabaret,” Williams said. “It doesn’t specifically say only drag performers have to do that. It says all, all. Look at the statute, it says all performers that are engaged in this type of conduct.”

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But Equality Ohio Policy Manager Morgan Zickes said this bill will have a chilling effect, and make drag queens feel uneasy about performing, or trans people worried about being targeted. Zickes said it could ultimately force some Ohioans back in the closet.

“It’s very clear that this bill is not about protecting children,” Zickes said. “It’s about targeting the LGBTQ community for expression and presentation, and it will cause very real harm if implemented.”

“You can call me a bigot, you can call me a transphobe, you can call me whatever you want. But what you need to do is come here and testify and explain to me why you need to engage in simulating masturbating in the presence of a child, you need to explain why you need to engage in whipping people in the presence of a child,” Williams said. “This is obscene stuff. If you’re not doing that, you have nothing to worry about. If you are doing it, you shouldn’t be doing it in front of kids and you’re shouldn’t be doing it in public.”

Opponents said they think the language in the bill is broad and makes the uneven application of the statute more likely.

“Across the state, different people might look at those statutes differently, might look at this bill differently if any or all of it were to become law,” Sean McCann of the ACLU said.

Williams said this bill would put the code for drag performers on the same level as other adult performers, like strippers. Williams said this puts all adult-performers on a level playing ground when it comes to obscenity.

“I can’t make exceptions for individuals who are part of the LGBTQ community,” Williams said. “Because then everyone that’s not a member of that community, now I’m violating their constitutional rights by targeting them only.”

“I take an issue with categorizing drag, and myself existing as a transgender woman, in the same category as strippers and being topless,” Ogden said. “[It] is incredibly offensive. I cannot imagine what goes through someone’s head when they’re constructing a list of what they view as morally objectionable and they’re including me, they’re including drag queens, they’re including people exercising their first amendment rights. I just don’t understand it and I think my entire community doesn’t understand it.”

Other than the two sponsors of the bill, the legislation has support of 41 other House Republicans. Williams said he is confident in its passage.

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“The majority of my caucus members on the Republican side are going to vote for this. Is every Democrat going to vote against this? Absolutely. And do I care? Absolutely not,” Williams said. “We need to protect kids in the state of Ohio. Period.”

Williams said they are hoping to have opponent testimony before the legislature breaks for the summer, likely at the end of June.

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