The law criminalized any performances that occurred or could have occurred in front of a minor if they are of a sexual nature. Performers could be charged with a misdemeanor (and face up to one year in jail, a $4,000 fine, or both), while any business that hosted the show would face a $10,000 fine. The bill’s sponsor stripped out any specific references to drag, but opponents argued the vaguely worded legislation was still targeting LGBTQ people.
A group of lawyers previously told The Dallas Morning News that the vague wording could also restrict performances by artists such as Madonna and Miley Cyrus, bachelorette parties, cheerleading, and could even criminalize sexual conduct between consenting 17-year-olds (17 is the age of consent in Texas).
Hittner also referred to a recent federal case that banned a drag performance. Judge Matthew Kacsmaryk, best known for trying to ban the abortion pill mifepristone, ruled last week that West Texas A&M University had not violated the First Amendment by prohibiting students from hosting a drag show earlier this year.