Arizona Senate OKs bills targeting drag shows seen by children

PHOENIX — The Republican-led state Senate approved two measures Thursday designed to outlaw certain drag shows that can be seen by children, even as neither measure uses those words.

The legislation would expand the scope of the kinds of performances that must be regulated.

Approved by all 16 GOP senators over the objections of Democrats, SB1028 would create a new category in law of “adult cabaret performance.’’ It would prohibit these performances on public property or in any location that someone knows or has reason to know they could be viewed by a minor.

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A companion measure, SB1030, gets at the issue by proposing a new law defining a “sexually explicit performance’’ as any show or entertainment that is sexually explicit where one or more people entertains an audience of two or more. The new definition would include a range of descriptions from sexual excitement and simulated sex acts to any intention to appeal to prurient interests.

Both measures now go to the House.

The intent is not to outlaw drag shows, according to Sen. Anthony Kern, R-Glendale.

“My goal is to protect children, from sexually explicit drag performances, not drag shows in and of themselves,’’ he told colleagues. Kern said he wants to regulate sexually explicit performances, “and if that includes a drag show, then I prefer to protect Arizona’s children.”

Sen. Priya Sundareshan, D-Tucson, said the measure is flawed by “vague and broad language’’ she thinks could be applied to go after other situations.

Sen. Raquel Teran, D-Phoenix, said she envisions the law could apply even to stand-up comedy routines.

But proponent Sen. Justine Wadsack, R-Tucson, pointed to instances of “drag story hour,’’ with men dressed up as women reading to groups of children.

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“You have to back up and ask yourself a very important question: Why do grown men want to dress up as women and read to young children?’’ she said. “Why not just dress in a pair of jeans and a T-shirt and read to the children if it’s not so bad?’’

The answer, Wadsack said, involves what she contends is “sexually grooming our children.”

“To say that these performers are not targeting children is an absolute lie,’’ she said. “Because if they weren’t targeting children, they would make their shows 18 and over.’’

Senate President Warren Petersen, R-Gilbert, made his views on all drag show performances quite clear.

“Folks, if you’ve seen it, you know this stuff is gross,’’ he said. “It’s disgusting. It’s perverse.’’

But Sen. Juan Mendez, D-Tempe, said he sees something else in the legislation.

“Trying to redefine ‘drag shows’ as sexually explicit is a direct attack on marginalized communities,’’ he said.

In essence, Mendez said, the Senate is trying to “conflate’’ a drag performer with a stripper in an adult-oriented business. He called that “dangerous, discriminatory and anti-LGBTQ.’’

Mendez said he sees such measures as a bid to somehow erase certain people. “But despite these kinds of systemic efforts, trans people will continue to be present in everyday life,’’ he said.

“This community will not back down from these kinds of attacks,’’ Mendez continued. “These kinds of attacks cannot be sustainable for politics, for a healthy working community.’’