HB 2186, A Bill Criminalizing Public Drag Performances, Passes House Committee

Another bill that's drawn a lot of controversy made it out of the House Judiciary Committee. It could criminalize drag performances in public.

The bill, HB 2186, makes public drag performances where kids can see them potentially illegal. Those against the bill said there's already rules on the books to keep public performances family-friendly and that this bill potentially violates some first amendment rights.

"Based on what I've heard from several communities and even some schools, I felt that it as necessary to put in statute so they would have something to be able to stand on," the bill's author, State Rep. Kevin West, (R, Dist-54), said.

That statute's definition of what's deemed harmful to minors will stay the same; HB 2186 adds drag performances and performers to the ranks of "adult cabaret performances" alongside topless dancers and strippers.

"I've reached out to friends that I know that have attended drag shows. None of them have indicated to me that there's any nudity so why is this an issue," Rep. Jason Lowe (D, Dist-97) said.

If passed, a drag performance itself won't be illegal; but one in public and also where kids are present meets two of the three criteria for violation. The third is the performance has to be deemed harmful to kids. A subjectivity those against the bill are concerned for. 

Violators could face a felony, prison time and a $20,000 fine.

"The police would have to first make a determination, then you have a district attorney then a judge," Rep. West. Rep. Lowe responded, "that's what's concerning to me is that we're opening up a Pandora's box on regulating what people can do what people can attend."

Author Representative Kevin West said the bill only extends to public property, and private businesses and establishments are safe. When asked about the cities and schools that've complained of the issue, West only named one incident statewide in Bartlesville that happened during Pride celebrations.

"Some drag performers wanted to come and they were trying to block it based on what they considered harmful to minors and they were not able to," West said.

Event organizers could also be on the hook as well. If HB 2186 becomes law, event organizers who put together an event deemed harmful to kids can face a misdemeanor, a year in county jail and a $1,000 fine.