VETOED

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SB1698 ATTACK ON DRAG SHOWS

Senator Wadsack’s bill criminalizing drag performance attempts to paint drag shows as inherently sexually explicit, obscene, and harmful to children. That just simply isn’t true! 🚫 No on SB1698. Vetoed 🎉

Bill sponsored by Justine Wadsack  •  RTS: For (180) – Against (463)

  • Criminalizing drag shows. As written, a violation of SB1698 would carry penalty of a class 4 felony dangerous crime against children (DCAC). So far, out of the many bills being introduced like this across the country, only Arizona’s SB1698 carries a sex offender registration requirement. This is a dangerous escalation of attacks on drag performers and the LGBTQ+ community.
  • A contradiction of parental rights. Like all forms of entertainment, some drag shows are family friendly and some are not—this isn’t hard to understand! A drag show performed for a general audience might contain adult jokes that would go over kids’ heads, but that’s equally true of PG-13 family movies like Shrek, most of the Avengers/MCU franchise, and many other Disney and Pixar films.
  • AZ law already protects children. QUIT WASTING TIME and get to work! It’s already illegal to take minors to strip clubs or expose them to adult entertainment per 13-3558, and 11-811 authorizes local regulation of adult-oriented businesses for public health, safety, and welfare.
  • Bad for Arizona businesses or performers who might self-censor out of fear of being targeted by a misinformed culture-war bill written for selective enforcement.

CURRENT STATUS: Recent floor amendments (March 2023) have updated the proposed bill as follows:

  • Removed explicit references to drag shows
  • Modified the definition of “adult oriented business” to include establishments that conduct or host sexually explicit performances, rather than drag shows or establishments that conduct drag shows.
  • Added a definition of “sexually explicit,” which means an intention to arouse or satisfy the sexual desires or to appeal to the prurient interest.
  • Modified the definition of “adult oriented performance” to specify that the show or performance is in-person.
  • Specified that a person commits unlawful exposure to an adult oriented performance or business if the offender allows a minor to view an ‘adult oriented’ performance or enter an business where such a performance is occurring – OR – if the offender performs or allow another person to perform in view of a minor.
  • This would mean the parent or guardian who took a child to see a drag performer would be charged with a felony and required to register as a sex offender

While the language has been massaged to be more defensible, the intention remains the same. 🚫 No on SB1698!

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