A proposed measure would revamp Ohio’s obscenity laws to bar “drag shows” in public places, a move proponents said would safeguard children and families from “sexualized performances.”
House Bill 249, the Indecent Exposure Act, establishes penalties for violations, varying from a misdemeanor to a fourth-degree felony, depending on the circumstances.
The legislation defines an adult cabaret performance as “a performance in a location other than an adult cabaret where minors may be present, that is harmful to juveniles or obscene, regardless of whether or not the performance is for consideration.”
It could include topless dancers, go-go dancers, exotic dancers or strippers. It also applies to “entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s biological sex using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers” and other “similar performers or entertainers who provide entertainment that appeals to a prurient interest.”
“We are seeing trends of indecent exposure and over-sexualized performances taking place in public in the presence of children,” state Rep. Josh Williams, R-Sylvania Twp., said in a release. “Representative King and I and many other Ohioans don’t agree with these acts taking place in the open.
“This legislation is simply updating already existing law to the times that we are living in,” Williams added. “So, we want to update the obscenity law so we can ensure families and children are protected from these acts.”
According to a WCMH-TV report, if a performance occurs in the presence of someone under 18 years old, it would be a first-degree misdemeanor.
However, if the performance is “obscene,” it would be a fifth-degree felony. Additionally, it would be a fourth-degree felony if the performance is “obscene” and occurs in the presence of someone under 13 years old.
“I am deeply committed to protecting our children,” state Rep. Angie King, R-Celina, said in a release. “As a mother and as a legislator, I believe Ohio families should feel safe taking their children to a city park without the risk of coming across an event or person performing in a way that incorporates themes, imagery, and acts intended for mature audiences.”
Unsurprisingly, LGBTQ+ advocates have condemned the measure, which hasn’t yet had its first hearing.
“Across generations from immigrant families, Black communities to LGBTQ+ Ohioans, art has been more than expression; it has been a declaration of existence, resilience, and pride,” WCMH-TV quoted Dwayne Steward, executive director of Equality Ohio, as saying. “Drag is a powerful embodiment of that spirit. It is vibrant, unapologetic, and deeply rooted in our cultural fabric. … Drag isn’t just performance, it’s power. And it’s here to stay.”
According to the WCMH-TV report, the bill’s verbiage is based on a Tennessee law that also bans “adult cabaret performances.” In 2023, a district judge ruled it was “unconstitutionally vague and substantially overbroad.”
However, an appeals court reinstated it last year, and the Supreme Court declined to hear a challenge to the law in February.
The measure also mirrors the previous Ohio House Bill 245, which Williams and King introduced in 2023. While the measure didn’t advance beyond the committee stage, it unsurprisingly drew support from groups like Protect Life in Ohio, Ohio Value Voters and the America First Policy Institute.
“Children should not be exposed to drag performances and grooming by men dressed as women,” John Stover, the president of Ohio Value Voters, said in prepared testimony at the time. “The passage of this bill will provide a safe place for children and parents within their communities. Parents and grandparents should not fear that their children are being exposed to explicit material and performances.”
