HB249: Proposed Age Restriction on Drag Performance and Perceived Transgender Performance 

Bill Summary:

• Summary: Creates the crime, “unlawful adult cabaret performance,” defined as  “recklessly” putting on any “performance” that is “harmful to juveniles or obscene” and that features “performers or entertainers who exhibit a gender identity that is different from the performer's or entertainer's gender assigned at birth using clothing, makeup, prosthetics or imitation genitals or breasts, or other physical markers” outside of an “adult cabaret” venue.

  • Brief History;

    • HB245 from last year, nearly identical and failed:

      • What has changed for this year’s version is it now defines a person’s private area instead of a person’s private parts as what shall not be exposed. 

    • What’s the current status and timeline for HB249:

      • In the House Judicial Committee and preparing for the first opposition hearing, it must have multiple hearings, get passed out of committee, then passed by the House, then needs to be heard in the Senate committee, then passed out of the Senate, then signed by the Governor. It could also be added onto another bill like HB183 the bathroom ban did, but that is not the current outlined path.

Bill Summary Expanded:

• Criminalization and Felony Charges: HB 249 makes it a crime and in some cases a felony, to perform while transgender or in drag outside of adults-only clubs. By limiting them only to “adult cabaret” venues, which is defined in the bill as a venue that regularly features nudity and sexual content. Performers that gender-bend or are perceived to gender bend in a location other than an adult club are guilty of unlawful adult cabaret performance, which is a felony in certain circumstances: 

  • In the presence of someone under 18 years = 1st-degree misdemeanor

  • “Obscene” = 5th-degree felony

  • “Obscene” and if someone under 13 years is present = 4th-degree felony

• Obscenity and Harmful Labeling: The bill equates living as or performing while transgender, and the art form of Drag, with being obscene and harmful to juveniles, perpetuating harmful stigmas and discrimination.

• Chilling Effect on the Arts: By criminalizing Drag performances outside of "adult cabaret" venues and imposing felony charges if these performances occur in the presence of someone under 18, HB 249 will have a chilling effect on artistic expression and lead to self-censorship in spaces where gender-bending is part of the art form.

• Conflict with First Amendment Rights: HB 249 poses a serious threat to First Amendment rights by restricting freedom of expression and artistic performance.

  • Montana, Tennessee and Florida have been blocked from implementing similar laws on the grounds that they were unconstitutionally vague and a violation of the First Amendment.

Testimony Perspective Examples:

• First: grounding with the current moment and persuasion now is different than 5yrs ago.

• Trans people who could be criminalized for how the perform gender by just existing

• Drag performers who could have the first amendment rights restricted, livelihoods hurt

• Drag highlighting drag that looks conservative, drag that is done by people playing with the gender they were assigned at birth, drag to help highlight the absurdity and hypocrisy

• People who run theaters, chorus’, libraries to talk about the cultural and financial impact

• Concerned ally community members

Arguments for Testimony:

• We know that the community is being targeted, and you are rightfully furious. You can’t persuade someone to care about your rights when they don’t see you as a person. You can meet them where they are and show how their bill will hurt things they care about.

• Weighing do you need to say it verse do you want to say it, what will be constructive vs cathartic.

• Drag is a popular expressive art form that does not harm anyone. Focus on the fiscal impact of arts, the more details towards municipal revenue from drag the better.

• Trans and gender nonconforming individuals can be harassed and targeted with the vague language in this bill. As can anyone perceived as performing gender in a way that someone doesn’t like or understand. Share your personal stories in a way a non-queer person can understand

• Ohio’s children are already protected with current obscenity laws.

• Bills like HB 249 have already been struck down as unconstitutional on first amendment freedom of speech grounds. Montana, Tennessee, Florida, Texas all have had similar laws deemed unconstitutional. Yet Ohio is still wasting taxpayer money on this.

• Point out as much ridiculousness as possible, highlight all the things HB249 could restrict and the vast subjective gray area it creates that will harm many people in addition to those who are trans or perform drag.

• Don’t give them anything they can use on their social media, do your best to make all the visuals from the hearing make them look as ridiculous and wasting tax payer time and money as possible.

• Could broadly criminalize performing arts and protected speech. Drag is NOT a crime.

• This “BAN” is vague and will also allow transgender individuals to be targeted.

Who Could this bill be applied to: 

• Trans people just living their lives? Yes

• Cis people that don’t dress to perceived norms? Yes

• Drag performers dressed modestly? Yes

• People wearing cultural clothing( ie: Kilts or Thawbs)

• Trans people performing in a theater or concert? Yes

• Others? Yes, this is only a few examples