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Beyond the 806

A Judge Blocked Texas’s Ban on Drag Shows — Again - The Cut

A Judge Blocked Texas’s Ban on Drag Shows — Again - The Cut

U.S.

U.S. District Judge David Hittner blocked Texas's law banning drag shows for the second time Tuesday, ruling the state cannot criminalize performances it classifies as "sexually oriented" when minors might be present.

Hittner first put the 2023 law on hold that same year, citing First Amendment grounds. The case bounced to the U.S. Court of Appeals, which allowed the law to take effect in March while sending it back to the district court for a closer look. This week's ruling is the result of that second review.

For Lubbock, this matters. The South Plains has seen its share of debate over drag events, and the law, had it stood, would have exposed organizers and venues to criminal liability. Performers, bar owners, and event promoters across Texas were watching this case closely, because the original statute used broad language that critics said could swallow up far more than its sponsors intended.

Hittner's ruling lands on First Amendment soil again. His advice to opponents of drag shows, according to the reporting, was direct: don't go.

Texas has now failed twice in court to make this law stick, and the ACLU, which challenged the statute, is still in the fight.

Common questions

Why did the judge block Texas's drag show ban?

U.S. District Judge David Hittner ruled the law violates the First Amendment. The 2023 Texas law would have criminalized performances classified as 'sexually oriented' when minors might be present. This is the second time Hittner has blocked the same law.

How does this ruling affect Lubbock drag events and venues?

Lubbock bar owners, performers, and event organizers had been watching this case closely because the law carried criminal liability for anyone who organized or hosted drag performances where minors could be present. The ruling removes that legal threat for now.

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