I assume there are already restrictions regarding nudity in public? So I have no problem with the drag show as long as there’s no nudity.Yes — they were age-based restrictions. Texas Senate Bill 12 (2023) did not ban “sexually oriented performances” outright. It restricted them when minors (under 18) were present or when they occurred on public property in a way that children could reasonably be expected to see them.
The law was widely described as a “drag ban” because lawmakers and Gov. Greg Abbott promoted it that way, but the statute itself never used the word “drag.” It used the broader term “sexually oriented performance.”
What the law actually restricted
- Commercial venues: A person who controls the premises of a commercial enterprise could not allow a sexually oriented performance if anyone under 18 was present. Penalty: civil fine of up to $10,000 per violation.
- Performers: Engaging in such a performance in the presence of anyone under 18, or on public property at a time/place/manner that could reasonably be expected to be viewed by a child, was a Class A misdemeanor (up to 1 year in jail and/or a $4,000 fine). Compensation was irrelevant.
- Local governments: Cities and counties were barred from authorizing these performances on public property or in the presence of minors. They could otherwise regulate them for public health, safety, or welfare.
How the law defined the restricted performances
A “sexually oriented performance” was a visual performance that:
- Featured a performer who was nude (entirely unclothed, or clothing leaving uncovered any portion of the breasts below the areola or any portion of the genitals or buttocks), or a performer who engaged in “sexual conduct,” and
- Appealed to the “prurient interest in sex.”
“Sexual conduct” included:
- Exhibition or representation (actual or simulated) of sexual acts
- Exhibition of genitals in a lewd state
- Exhibition of devices marketed primarily for sexual stimulation
- Actual or simulated contact with buttocks, breasts, or genitals
- Exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics
The last category was the provision most commonly cited in connection with certain drag performances that use padding or exaggerated features.
Why the judge struck it down
U.S. District Judge David Hittner (for the second time) found the law unconstitutionally overbroad and vague under the First Amendment. He noted that its definitions could theoretically reach cheerleading, sports in tight clothing, karaoke, comic-con costumes, ballet, Dolly Parton-style performances (big hair, low-cut dresses), Elvis-style hip movements, or Miley Cyrus twerking if a prosecutor argued they appealed to a “prurient interest.”
The law had no parental-consent exception. Hittner’s August 2026 ruling permanently enjoined Attorney General Ken Paxton from enforcing it. The case had previously gone to the Fifth Circuit, which allowed the law to take effect temporarily before sending it back.
Texas Drag Ban Overbroad and Struck Down | Shared Grok Conversation
What "restrictions" were contained in this law? Were they age restrictions? https://www.yahoo.com/negrok.com
Yes — they were age-based restrictions. Texas Senate Bill 12 (2023) did not ban “sexually oriented performances” outright. It restricted them when minors (under 18) were present or when they occurred on public property in a way that children could reasonably be expected to see them.
The law was widely described as a “drag ban” because lawmakers and Gov. Greg Abbott promoted it that way, but the statute itself never used the word “drag.” It used the broader term “sexually oriented performance.”
What the law actually restricted
- Commercial venues: A person who controls the premises of a commercial enterprise could not allow a sexually oriented performance if anyone under 18 was present. Penalty: civil fine of up to $10,000 per violation.
- Performers: Engaging in such a performance in the presence of anyone under 18, or on public property at a time/place/manner that could reasonably be expected to be viewed by a child, was a Class A misdemeanor (up to 1 year in jail and/or a $4,000 fine). Compensation was irrelevant.
- Local governments: Cities and counties were barred from authorizing these performances on public property or in the presence of minors. They could otherwise regulate them for public health, safety, or welfare.
How the law defined the restricted performances
A “sexually oriented performance” was a visual performance that:
- Featured a performer who was nude (entirely unclothed, or clothing leaving uncovered any portion of the breasts below the areola or any portion of the genitals or buttocks), or a performer who engaged in “sexual conduct,” and
- Appealed to the “prurient interest in sex.”
“Sexual conduct” included:
- Exhibition or representation (actual or simulated) of sexual acts
- Exhibition of genitals in a lewd state
- Exhibition of devices marketed primarily for sexual stimulation
- Actual or simulated contact with buttocks, breasts, or genitals
- Exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics
The last category was the provision most commonly cited in connection with certain drag performances that use padding or exaggerated features.
Why the judge struck it down
U.S. District Judge David Hittner (for the second time) found the law unconstitutionally overbroad and vague under the First Amendment. He noted that its definitions could theoretically reach cheerleading, sports in tight clothing, karaoke, comic-con costumes, ballet, Dolly Parton-style performances (big hair, low-cut dresses), Elvis-style hip movements, or Miley Cyrus twerking if a prosecutor argued they appealed to a “prurient interest.”
The law had no parental-consent exception. Hittner’s August 2026 ruling permanently enjoined Attorney General Ken Paxton from enforcing it. The case had previously gone to the Fifth Circuit, which allowed the law to take effect temporarily before sending it back.
Texas Drag Ban Overbroad and Struck Down | Shared Grok Conversation
What "restrictions" were contained in this law? Were they age restrictions? https://www.yahoo.com/ne
The parents are the ones who should decide what movies a kid can see, not the government.
An 18 year old is generally considered an adult around the country. For purposes of law.
Yes — they were age-based restrictions. Texas Senate Bill 12 (2023) did not ban “sexually oriented performances” outright. It restricted them when minors (under 18) were present or when they occurred on public property in a way that children could reasonably be expected to see them.
The law was widely described as a “drag ban” because lawmakers and Gov. Greg Abbott promoted it that way, but the statute itself never used the word “drag.” It used the broader term “sexually oriented performance.”
What the law actually restricted
- Commercial venues: A person who controls the premises of a commercial enterprise could not allow a sexually oriented performance if anyone under 18 was present. Penalty: civil fine of up to $10,000 per violation.
- Performers: Engaging in such a performance in the presence of anyone under 18, or on public property at a time/place/manner that could reasonably be expected to be viewed by a child, was a Class A misdemeanor (up to 1 year in jail and/or a $4,000 fine). Compensation was irrelevant.
- Local governments: Cities and counties were barred from authorizing these performances on public property or in the presence of minors. They could otherwise regulate them for public health, safety, or welfare.
How the law defined the restricted performances
A “sexually oriented performance” was a visual performance that:
- Featured a performer who was nude (entirely unclothed, or clothing leaving uncovered any portion of the breasts below the areola or any portion of the genitals or buttocks), or a performer who engaged in “sexual conduct,” and
- Appealed to the “prurient interest in sex.”
“Sexual conduct” included:
- Exhibition or representation (actual or simulated) of sexual acts
- Exhibition of genitals in a lewd state
- Exhibition of devices marketed primarily for sexual stimulation
- Actual or simulated contact with buttocks, breasts, or genitals
- Exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics
The last category was the provision most commonly cited in connection with certain drag performances that use padding or exaggerated features.
Why the judge struck it down
U.S. District Judge David Hittner (for the second time) found the law unconstitutionally overbroad and vague under the First Amendment. He noted that its definitions could theoretically reach cheerleading, sports in tight clothing, karaoke, comic-con costumes, ballet, Dolly Parton-style performances (big hair, low-cut dresses), Elvis-style hip movements, or Miley Cyrus twerking if a prosecutor argued they appealed to a “prurient interest.”
The law had no parental-consent exception. Hittner’s August 2026 ruling permanently enjoined Attorney General Ken Paxton from enforcing it. The case had previously gone to the Fifth Circuit, which allowed the law to take effect temporarily before sending it back.
Texas Drag Ban Overbroad and Struck Down | Shared Grok Conversation
What "restrictions" were contained in this law? Were they age restrictions? https://www.yahoo.com/ne
I agree with you. Being 18 is just a random number in many ways. If you are considered and adult by the law you should have every right as an adult.
Children were allowed to drive, use guns and work. Still do.
grok.com
That is true in some states still for sure.