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Bill that would regulate 'adult-oriented' businesses continues to move through Kentucky Legislature

Tennessee federal judge rules 'drag ban' is unconstitutional
Posted at 7:00 PM, Mar 19, 2024
and last updated 2024-03-19 19:17:08-04

FRANKFORT, Ky. (LEX 18) — A bill that would regulate "adult-oriented" businesses continues to move forward in the Kentucky General Assembly.

On Tuesday, Senate Bill 147 received approval from the House Veterans, Military Affairs, and Public Protection Committee.

The bill would ban adult entertainment businesses and places hosting sexually explicit performances from operating within 933 feet of certain locations where children might be, like schools, churches, and recreational centers. Established businesses would be "grandfathered in" and would not need to move, according to Sen. Lindsey Tichenor, the bill's primary sponsor.

Originally, the bill included drag performances in the list of restricted adult entertainment. But the bill has since been modified. However, opponents of the bill pointed out that it still includes definitions of drag as examples of what would be outlawed.

According to the bill, a "performance with explicitly sexual conduct in which a performer sings, lip syncs, dances, reads, or otherwise performs before an audience for entertainment while exhibiting an exaggerated gender expression that is inconsistent with the biological sex of the performer using clothing, makeup, or other physical markers" is prohibited.

Opponents of the bill called it "mean."

"It still seems mean," said Rep. Rachel Roberts. It seems like we're trying to target a specific group of people who are already marginalized, that we're taking away some of the fun, the color, and the brightness of our communities."

However, some supporters of the bill said they don't believe children should see drag performances because it could sow confusion.

"How can we be for somebody dressing up like a lady or like a woman and reading books to our kids? What in the world are we thinking?" said Rep. Chris Fugate.

Bob Heleringer with the Fairness Campaign told lawmakers that while they may not like drag, they shouldn't put their personal feelings into law.

"When you codify bigotry, it's a bad look," said Heleringer.

"If you want to be prejudiced, we live in a free country, and you can do that," he said. "But when you write it into law, that's different. That's wrong."

The bill's sponsor, Sen. Tichenor, emphasized that the bill targets "sexually explicit" content. She explained that her goal is to protect children from viewing such content.

She believes the "adult-oriented" industry should be regulated in Kentucky.

"We regulate and monitor insurance, horse racing, financial advising, real estate, alcohol - the list is long," said Tichenor. "The intent of this bill is to set regulations around an unchecked industry to ensure we are protecting communities."

The bill is now in the hands of the full Kentucky House.