Drag ordinances under scrutiny, ACLU says drag not a synonym for ‘obscenity’

The American Civil Liberties Union of Iowa this week — during Pride Month — reminded cities about restricting drag performances.

Carroll, Harlan, Mt. Pleasant, Polk City, and Webster City define drag as “adult performances”, “female impersonators” and “male impersonators”, deeming it inappropriate for younger audiences, and the ACLU sent letters to each city council asking for the removal of the language used to describe drag.

“A court would likely find that the restriction of these performances under the ordinance violates equal protection and the First Amendment because it is a content-based restriction and overbroad,” Shefali Aurora, staff attorney for the ACLU, wrote in the letters.

Aurora and the ACLU have been addressing this problem for years by sending letters to cities such as Eagle Grove, Knoxville, Newton, Dyersville, among others. She mentions that drag is usually associated with performances that are overly sexual, but there are those that are family-friendly. As the letters sent by the ACLU state, “drag is not a synonym for obscenity.”

“If the cities were to enforce the ordinances as they are written, they might find that a female comedian who has short hair, is wearing a suit and tie, could be categorized as a male impersonator,” she said. “Additionally, movies like Mrs. Doubtfire and Mulan being shown in theaters could be a violation.”

Although the ACLU has only sent letters to five cities, they encourage others across the state of Iowa to review their ordinances to make sure that this language is not included. In the past letters they have sent, the cities removed the language they associated with drag. The organization hoped that these five city councils would follow suit.

“We have done letters in the past, and we continue to do that advocacy,” Aurora said. “We thought it was particularly important to raise this issue again this month, with it being Pride, which is why we’re sending the letters this week to bring that to the forefront.”

June is Pride Month.