Judge Cites Dolly Parton While Striking Down Texas Drag Ban
Judge on Texas Drag Ban If We Didn't Ban Dolly, We Can't Ban Drag!!!
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A federal judge has struck down the 2023 Texas drag ban ... and his decision cites the late, great Dolly Parton.
U.S. District Judge David Hittner ruled Texas Senate Bill 12 -- which could charge drag performers with a misdemeanor and jail time and fine businesses up to $10K -- improperly restricts speech and violates the First Amendment.
He says the law's definition of overly provocative performances is too vague, using Dolly as an example.
Hittner says the late legend's shows could have fallen under the broad ruling because people criticized her "as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure."
He wrote in this ruling ... "There are 'erotic' elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12."
His ruling also prevents Texas Attorney General Ken Paxton from enforcing the ban ... and also denies Ken's motion for a new trial.
This isn't the first time Hittner's shut down S.B. 12 ... he first ruled it unconstitutional back in 2023, but the 5th U.S. Circuit Court of Appeals sent it back his way in November after lifting the pause on it.
But it seems Hittner's stance is unchanged, because he said people "who find such activities as described in this case offensive" can easily avoid drag.
He wrote ... "The solution is relatively simple ... just don't go."
