US District Court Judge Ronnie Greer recently issued a temporary restraining order to prevent Ryan K. Desmond, District Attorney General of Blount County, Tennessee, from interfering with the Blount County Pride Festival under the state’s Adult Entertainment Act (AEA). This legislation bans public performances by male or female impersonators that cater to prurient interests. Desmond had previously sent a letter questioning whether Blount County Pride might contravene the Act.
Desmond’s contention derived from his view that a recent judicial ruling against the AEA, which found it unconstitutional, was only applicable in Shelby County, Tennessee, and he warned he would prosecute Pride Festival organizers and participants if they broke the law. Responding to this, the Blount Pride Festival organizers and drag queen Matthew Lovegood (Flamy Grant), with support from ACLU, filed a lawsuit against Desmond, arguing that his interpretation of the AEA ruling was incorrect.
Judge Greer supported the plaintiffs, granting a temporary stop to Desmond’s interference in the festival. The decision was based on core points including the plaintiffs’ likely success due to prior successful AEA challenges, potential irreparable first amendment rights harm, standing, and public safety. Judge Greer maintained that the state could prosecute the plaintiffs retrospectively if they violated the Act during the festival and fail to win the lawsuit.
Supporting this decision, Representative Zoe Zephyr of Montana – the first transgender person elected to Montana’s House – attended the festival. She emphasised that individuals’ First Amendment rights tend to prevail and noted similar instances, stating: “We saw that with the drag law in Montana and we saw it here in Tennessee much before the letter this week when someone said the law doesn’t apply to me. We get to have our events, our First Amendment rights are protected, and we get to celebrate who we are with one another.”
The case’s next hearing is scheduled for September 8. For more information, read the detailed account on this legal matter from the JURIST – News.