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Texas can enforce drag show ban; court suggests they don’t believe all drag shows would violate law

Texas law fines business owners $10,000 for hosting restricted drag shows and penalizes violators with a Class A misdemeanor, targeting sexually oriented public performances.

  • On Thursday, the 5th U.S. Circuit Court of Appeals panel ruled Texas can enforce its 2023 law limiting some public drag shows, noting not all drag performances are sexually explicit.
  • Senate Bill 12 prohibits suggestive dancing and certain prosthetics on public property or before children, with some Republican lawmakers saying drag shows were the law’s target.
  • Venue owner testimony described performers sitting on customers' laps wearing thongs and a revealing breastplate pulsing in people's faces, which the panel deemed arguably sexually explicit.
  • The ruling immediately allows Texas to fine business owners $10,000 and pursue Class A misdemeanors, with Attorney General Ken Paxton praising the decision while the plaintiffs and the ACLU of Texas vowed to keep fighting.
  • The appeals panel concluded the plaintiffs lacked standing as most failed to show intent for a 'sexually oriented performance,' while Judge James Dennis warned this risks First Amendment protections of artistic expression including drag.
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Texas can enforce drag show ban; court suggests they don't believe all drag shows would violate law

Texas can enforce a 2023 law that restricts some public drag shows, a federal appeals court ruled Thursday.

·United States
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CBS Austin broke the news in on Thursday, November 6, 2025.
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