MEMPHIS, Tenn. — Tennessee Attorney General Jonathan Skrmetti is appealing a federal judge’s ruling that said Shelby County could not enforce the state’s new anti-drag law because it was unconstitutional.
Skrmetti filed filed a notice of appeal of the injunction issued by the court in Friends of George, Inc. v. Mulroy. The A.G. said the motion is the first step in appealing the district court’s decision issued on June 7, 2023.
The "Adult Entertainment Act" signed by Governor Bill Lee looked to ban "adult cabaret performances" anywhere children could be present. The court had issued a temporary restraining order against the new law; and the June 7th ruling made it permanent.
In that 70-page court order, U.S. District Judge Thomas Parker explained why he felt Friends of George's, a nonprofit organization based in Memphis that produces "drag-centric performances, comedy sketches and plays," had made a compelling argument under the First Amendment.
"Freedom of speech is not just about speech. It is also about the right to debate with fellow citizens on self-government, to discover the truth in the marketplace of ideas, to express one’s identity, and to realize self-fulfillment in a free society," Judge Parker wrote. "This case is about one such regulation."
Skrmetti disagrees.
“The language defining ‘harmful to minors’ that the court found unconstitutionally vague has appeared in various parts of the Tennessee code for 33 years and is found in other laws that prevent adults from grooming kids with pornography, strip clubs from opening next to schools, and schools from letting kids access pornography on the school internet,” Skrmetti said in a news release on the appeal. “We’re appealing to ensure Tennessee’s laws continue to protect Tennessee’s kids.”
Read the appeal in its entirety here.