GREENEVILLE, Tenn. — U.S. District Court Judge J. Ronnie Greer issued a ruling blocking Blount County District Attorney General Ryan Desmond from enforcing Tennessee's "Adult Entertainment Act," at a festival celebrating the Blount County LGBTQ+ community on Saturday.
Greer's order said Desmond cannot enforce, detain, arrest or seek warrants to enforce the act and cannot interfere with Blount Pride's festival.
The court had also set a preliminary injunction hearing for Sept. 8, after granting a temporary restraining order blocking Blount County from enforcing the anti-drag law. However, the DA and the ACLU agreed it was not necessary after a joint stipulation was issued on Sept. 5.
In the joint stipulation, Blount County also agreed to be "preliminary enjoined from enforcing, detaining, arresting, seeking warrants, or taking any other action to enforce or threaten to enforce" the anti-drag law against Blount Pride until 21 days after a mandate is issued in a similar Memphis-area case.
The Adult Entertainment Act makes it unlawful to perform "adult cabaret entertainment," on public property or in a place where children can see. The Act defines "male or female impersonators" as adult cabaret entertainment, a classification that the ACLU said targets drag performers.
In Shelby County, earlier this summer, District Judge Thomas L. Parker ruled it unconstitutional, saying it violated First Amendment rights, and barred the attorney general there from enforcing it. The District Attorney's Office appealed that decision, and the Memphis-area lawsuit is going through the Sixth Circuit Court of Appeals. Their ruling would apply across all districts in Tennessee.
He said it restricted free speech and was vague.
"Judge Parker's 70-page opinion is well-written, scrupulously researched, and highly persuasive," Judge Greer wrote. "The court, based on the parties' arguments at this juncture in the proceedings sees no reason to 'break new ground' on the constitutional issues."
District Attorney General Desmond sent a letter to Blount Pride arguing Blount Pride was "marketing itself in a manner which raises concerns that the event may violate certain criminal statutes within the State of Tennessee." His office would prosecute violations of the Adult Entertainment Act, Desmond wrote.
The ACLU sued Desmond and other law enforcement in Blount County, to prevent enforcement of the law. Desmond's office released a statement about the injunction, available below.
"My office will abide by the order of Judge Greer. We are a nation of laws and this ruling is controlling over my office and our jurisdiction. As such, we will respect and comply with the order of the Court."
Judge Greer ordered parties involved in the lawsuit to appear at the James H. Quillen Courthouse in Greeneville, Tenn. on Friday, Sept. 8, 2023, for a preliminary injunction hearing.
Blount Pride previously said the event would go on as planned on Saturday. It started at 1 p.m. at the Claxton Center in Maryville on Saturday.
A statement from Blount Pride board president Ari Baker is also available below.
“We are relieved that the court has taken action to ensure that law enforcement will not wrongly apply this unconstitutional law. This ruling allows us to fully realize Blount Pride’s goal of creating a safe place for LGBTQ people to connect, celebrate, and share resources. We appreciate the community support and look forward to celebrating with you all on Saturday.”