Ohio State Building. (Photo: David DeWitt, Ohio Capital Journal.)
The Ohio House of Representatives passed a ban bill drag shows in public places.
The House voted 63-30 pass Ohio House Bill 249 during Wednesday’s session. Ohio State Rep. Jamie Callender, R-Concord, joined Ohio Democratic House members in voting “no.”
Such bans in other states have been repeatedly struck down by courts as unconstitutional government censorship of free speech and expression.
The bill will now go to the Ohio Senate for consideration.
Republican state representatives Angie King and Josh Williams introduced the bill.
“This closes the loophole that allows adult-oriented sexual performances to fill public spaces where children are present,” King said. “The sole purpose is to protect children and protect the innocence of Ohio children in both public and private spaces.”
The bill would prohibit adult cabaret performances taking place outside adult cabarets.
It also expands the definition of adult comedy acts to include “performers or entertainers who demonstrate a gender identity other than the performer’s or entertainer’s sex assigned at birth, by means of clothing, makeup, prosthetics or imitations of genitalia or breasts, or other physical characteristics.”
The bill lumps together drag queen performers with topless dancers, go-go dancers, strippers and exotic dancers.
It includes a special section saying it does not “prohibit or restrict the production of films, plays, or other bona fide artistic endeavors or performances that are not obscene or harmful to minors.”
The bill also excludes breastfeeding from indecent exposure provisions.
Critics say the bill is vague and will create uncertainty and a chilling effect amid threats of government censorship and criminal charges couched in vague, overly broad language, though sponsors downplay this.
“All this statute says is that you cannot engage in obscene performances in the presence of a minor,” Williams said.
Penalties under the bill include a first-degree misdemeanor if the performance occurs before a minor, a fourth-degree misdemeanor if the performance is indecent and occurred before a person 12 years of age or younger, and a fifth-degree felony if the performance is indecent.
Ohio House Representative Dontavius Jarrells, R-Columbia, said the bill singled out transgender and gender non-conforming people.
“When you talk about what this bill really is, … it is an attack on human life,” he said.
Ohio House Representative Beryl Brown Piccolantonio, D-Gahanna, said this bill is not needed to protect Ohio’s children.
“I am ashamed that we are even spending time on a culture war bill that does nothing to make our communities safer, but could cost taxpayers money, threaten economic activity, and use intimidation to hide some already vulnerable community members,” she said.
Ohio House Speaker Matt Huffman, R-Lima, said it’s incorrect to call the bill a drug bust bill.
“Basically, this means banning certain shows of nudity to children,” he said.
Ohio House Minority Leader Dani Isaacsohn, D-Cincinnati, wonders why the Legislature is making this bill a priority.
“The majority in the Legislature is focused on the drag show while Ohioans worry about how to pay the bills,” he said.
Piccolantonio said uncertainty over what the bill does and does not treat will cause some businesses to move or choose another state.
“This will cause some organizations to choose a different state for their conventions or events,” she said. “Ultimately, the state will suffer some degree of economic loss.”
Equality Ohio said this bill would also ban sports bras.
“Simply put, this bill gives the government unacceptable power to control what people wear. Dragging is just the beginning,” Equality Ohio CEO and Executive Director Dwayne Steward said in a statement.
““This bill takes ordinary, everyday activities and turns them into potential crimes based on whether someone else might be offended by what other people are wearing.”
Contractors incl Nina West testified against the bill in committee meetings.
These types of laws have been blocked in other states for violating free speech.
A Texas law banning certain drag performers from performing in public spaces went into effect last week, despite an ongoing lawsuit challenging the law.
Federal Court of Appeal recently upheld the injunction against drug ban in Montana.
Huffman believes Ohio’s bill is constitutional, but said it would “almost certainly end up in court” if it becomes law.
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