BLOUNT COUNTY, Tenn. (WKRN) — A Tennessee state law restricting public drag performances was blocked by a federal judge in June, but an East Tennessee district attorney is warning Blount Pride organizers they could face prosecution if they violate the law.
Days before the event, District Attorney Ryan Desmond sent a letter to pride organizers and law enforcement stating in his legal analysis the Adult Entertainment Act (also known as the “anti-drag law”) is enforceable in Blount County.
In response, the American Civil Liberties Union of Tennessee (ACLU) filed a lawsuit on Wednesday on behalf of the organizers and a drag performer asking the eastern Tennessee federal court to stop the law from being enforced.
“The law is so vague; it’s basically impossible for an average citizen to know what specific conduct is and is not prohibited,” said civil rights attorney Melissa Stewart, who is representing the pride organizers.
Desmond said the ruling from the federal judge in Memphis doesn’t apply to the whole state.
“The Attorney General for the State of Tennessee maintains that the [Adult Entertainment Act] passes constitutional muster, has appealed this holding, and further opined that the ruling is binding only on the 30th Judicial District,” Desmond wrote.
Stewart doesn’t believe this argument will hold up in court and said she is “ready and willing” to litigate the issue in federal court again.
“And laws are not just unconstitutional in one county or another. If a law is unconstitutional, it is unconstitutional everywhere in the state of Tennessee,” she said.
The Associated Press reached out to the DA for comment and didn’t hear back.