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A San Antonio drag company challenged a Texas bill in court on Monday. The law, explained in Senate Bill 12, prohibits the performance of drag in the presence of minors and goes into effect on Sept. 1.
Richard Montez and David Gamez are co-owners of 360 Queen Entertainment and plaintiffs in the American Civil Liberties Union (ACLU) Texas’ lawsuit against the bill. For the past year, the company has put on drag shows on the patio of Tomatillos, a family-owned Mexican restaurant in San Antonio.
They held what might have been their last drag show on Friday. “This one has a looming finality to it, because Sept. 1 is when SB12 goes into effect,” Montez said.
SB12 states that “sexually oriented performances” are prohibited on commercial and public property in the presence of minors.
Montez didn't believe that drag is inherently sexual, but after Sept. 1, the perceived sexuality of performances is up for individual discretion.
In the early stages of the bill, the police were called on a show put on by 360 Queen Entertainment.
“This person was very adamant that what we were doing was against the law. They called the police. The police came and said, “No, this is not against the law.” And we were able to go on with the show,” Montez said.
Though 360 Queen Entertainment’s shows are 18+ and held outside of the restaurant, the new legislation could lead to criminal charges for the company, its performers, and the venue.
In anticipation of the law, the company’s Friday show was moved to 9:00 p.m. with the hope that fewer families with children would be on the premises.
“Even if there are still a couple of families in the restaurant sitting away from the patio, our show is still visible from three different sides of the property. So children could very well see the show from the parking lot,” Montez said.
The company often brings stars from the television competition RuPaul’s Drag Race to perform alongside the local queens.
Robin Fierce, a drag queen from Connecticut who appeared on season 15 of the show, was this weekend’s guest. She was well aware of the new Texas law.
“What is drag doing to people except bringing joy and letting them express themselves and their art?” she asked.
For local drag talent, the law is a threat to their livelihood and rights as performers. King Robinson, a performer who goes by the stage name The Queen Fantasia Wood, said performing at Tomatillos has been a steady gig.
“It's kind of going to be a big hit financially, but also, why do I have to keep fighting for the basics of me being able to live my life authentically?” she said.
Robinson grew up in Chicago in a religious household. She said that drag saved her life.
“I grew up as a very queer, feminine black kid, and that was very looked down upon. When I found drag, it gave me the presence that I knew my feminine nature needed to thrive,” she said.
Texas Sen. Bryan Hughes from Northeast Texas authored the controversial bill. At the Senate debate, he gave his reasoning for the law. “This is about protecting children and what should be done in the presence of children,” he said.
The debate was paused after Democratic State Sen. Roland Gutierrez responded to Hughes. “Man, I’m telling you: I’ve been all about this session about protecting children, my friend,” Gutierrez said. “We haven’t done a whole lot of protecting of children when it comes to guns and ammunition.”
Montez reiterated Gutierrez's point about gun violence in schools. “We see kids being murdered through gun violence. We see them being abused in other institutions, documented cases of abuse. And you see nothing on the floors of legislatures across the country,” he said. “And all of a sudden, it's about the drag queens and protecting children. This is about hate for our community. This is about homophobia.”
As of now, the law will go into effect Sept. 1. It could affect other performances, not just drag. Similar laws in other states have been struck down by the courts before.
Montez and the ACLU Texas are testifying in hopes of an injunction or overall striking down of the bill.
Despite legislative efforts, drag won’t be erased from Texas, said The Queen Fantasia Wood. For her and other local queens, it’s all the more important to stay in the Lone Star State right now.
“If we all just decide to move to the places where it's free, then there won't be anybody left to defend what we're trying to do. So, I don't mind fighting.”
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