The Kentucky Senate on Friday passed a bill that would prohibit “adult performances,” including drag shows, on public property or in places where they could be viewed by children. If it becomes law, performers could face misdemeanor or even felony charges for repeat offenses. Businesses hosting drag shows could have their alcohol and business licenses suspended or revoked.
The measure passed 26-6 in the Senate but must still gain approval from the House next week before it has a chance to become law. In order to override a potential veto from Gov. Andy Beshear, the Senate and House must both approve a final version by Thursday.
The primary sponsor for Senate Bill 115 is Sen. Lindsey Tichenor (R-Smithfield). One of the co-sponsors is Sen. Gary Boswell (R-Owensboro).
“I think it’s clear that the communities have spoken all across the state and are concerned about what’s going on … with these drag queen shows,” Boswell said of why he thinks the bill is important. “… This bill is an effort to restore family values to all our communities.”
In the original version filed, SB 115 was 14 pages long and aimed to ban drag performances within 1,000 feet of many places including schools, parks, churches, and more.
The version approved Friday is less than two pages and simply says a person may not engage in an “adult performance” on publicly owned property or anywhere the performance could be viewed by a minor.
Boswell said of the total revamp that the key word is “simplified.”
“The bill as originally written was 14 pages,” he said. “When you get a bunch of lawyers and other people involved, there’s a lot of questions. The longer the bill, the more questions that will come up. So the decision was made to tighten the bill up. I think the bill was changed primarily because we were trying to simplify the whole thing and trying to accomplish our purpose with a much shorter version.”
An amendment that was also approved Friday defines adult performance as “a live sexually explicit performance involving acts set forth in KRS 529.010(15), or a live performance involving male or female impersonators, who provide entertainment that appeals to a prurient interest in sexual conduct, regardless of whether or not performed for consideration, which taken as a whole lacks serious literary, artistic, political, or scientific value.”
The bill does not define what type of performance is considered as having any of those values. Boswell said he defines prurient interest as “encouraging an excessive interest in sexual matters.”
According to the bill proposal, engaging in an adult performance would be considered a Class B misdemeanor on first offense, Class A misdemeanor on second offense, and Class D felony for third and subsequent offenses.
Also according to the proposal, a business allowing such a performance in the presence of a minor could have their alcohol license or business license suspended or revoked, or could be subject to “any other action deemed appropriate for the redress of the violation,” as determined by the issuing or governing authority.
