Montana Seeks to Reinstate Controversial Drag Performance Restrictions
State officials urge federal court to narrow legislation targeting sexually oriented performances for minors.
1Legal Battle Over HB 359
Montana officials appeared before a federal judge on Thursday to defend House Bill 359, which restricts drag performances in front of minors. The state is attempting to reinstate the law after a preliminary injunction blocked its enforcement in 2023. The legislation originally sought to ban drag story hours and other performances.
2State Strategy for Reinstatement
Representing the state, Michael Noonan argued that Montana does not need to defend every word of the original text. Instead, the state is asking the court to sever unconstitutional portions and narrow the bill's scope. This approach aims to preserve the core legislative intent while addressing concerns regarding potential First Amendment violations.
3Scope of the Proposed Ban
The original law imposed severe penalties, including fines up to $10,000 and the potential loss of business licenses for repeat offenses. Teachers and librarians faced the permanent revocation of their professional certificates for violations. The state now argues these restrictions should specifically target performances deemed obscene as applied to minors.
4Plaintiffs Challenge Legal Standing
A coalition of businesses and performers, represented by Constance Van Kley, argues the law remains unconstitutionally vague. They contend that venues like the Roxy Theater in Missoula could be unfairly targeted under the broad definition of a commercial enterprise. The plaintiffs maintain that the law creates impossible standards for ordinary citizens and officials.
5Judicial Skepticism on Interpretation
U.S. District Judge Brian Morris expressed significant caution regarding the state's request to rewrite or interpret the statute. He questioned how a federal court could accurately represent the legislature's intent while narrowing the language. The judge highlighted concerns about whether parents could still consent to their children attending such performances.
6Defining Commercial Enterprise Limits
The state argued that the law only applies to businesses where alcohol is the primary source of income, such as nightclubs. However, plaintiffs countered that the Roxy Theater serves food, alcohol, and provides entertainment, making it vulnerable to the law. This disagreement underscores the difficulty in applying the statute's current definitions.
7Constitutional and Expressive Rights
The Ninth Circuit previously upheld an injunction against the law, characterizing it as a content-based limit on purely expressive activity. The plaintiffs argue that the state cannot simply revise the law to bypass these constitutional protections. They maintain that the statute's ambiguity makes it impossible for citizens to understand their legal obligations.
8Future Judicial Decision Expected
Judge Morris concluded the hearing by stating he intends to issue a decision before the end of the year. The ruling will determine if the state can salvage parts of the legislation or if the current injunction will remain in place. This outcome will shape the future of performance regulations in Montana.