Des Moines, Iowa — Today the ACLU of Iowa sent letters to city councils in Carroll, Harlan, Mt. Pleasant, Polk City, and Webster City, advising them that their ordinances that restrict performances by “female impersonators" and "male impersonators" by classifying them as adult entertainment are unconstitutional and must be changed.
View the letters and ordinances for each city here.
The unconstitutional zoning ordinances classify "female impersonators," "male impersonators," and "similar entertainers" as prohibited adult entertainment. However, as the letters state, drag is not a synonym for obscenity, and many types of drag are family-friendly.
ACLU Staff Attorney Shefali Aurora said that too often, drag is equated with highly sexualized performances. But drag is not by definition "adult" entertainment. While some drag performances can be erotic, "drag can just as easily be simply a person wearing clothing and accessories conventionally worn by a person of a different gender."
There are many examples of how these ordinances could be applied to non-obscene expression fully protected by the First Amendment:
- Popular movies, like Mrs. Doubtfire
- A female comedian with short hair wearing a suit and tie for her performance
- A man in a Pride parade wearing an evening gown and wig
- Classical musicals and plays, like West Side Story and Shakespeare's Twelfth Night
"We're talking Shakespeare here, not a strip tease," said Aurora.
These ordinances are problematic because in these towns, "adult entertainment" is subject to special zoning restrictions. Further, adult entertainment venues that feature erotic or sexually explicit performances are highly restricted on where they can be located, who can enter, and may be subject to special licensing as well as various fees and fines.
Aurora said that these ordinances are unconstitutional for at least three reasons:
- They violate free speech. Drag is a form of free speech and expression protected under the First Amendment, and the ordinances broadly restrict it because of a dislike of the message it conveys.
- They are overbroad because they include all drag shows, regardless of whether or not they actually feature erotic or sexually explicit content, as "adult" expression.
- They violate equal protection by specifically targeting the LGBTQ community.
"These ordinances are being used to target drag, which has become specifically linked with the LGBTQ community, and drag performers often perform in bars and spaces that specifically cater to that community," Aurora said. "Among other things, these ordinances simply perpetuate a history of hostility towards the LGBTQ community."
"These outdated ordinances go far beyond prohibiting objectionable or obscene conduct and instead are obvious violations of the First Amendment right to freedom of expression and right to equal protection under the law," said Aurora.
The letters inform the cities that they must remove the references to "male impersonators," “female impersonators," and/or "similar entertainment" from their definitions of adult entertainment" or "adult cabaret" in their ordinances.
The letters also ask the cities to inform the ACLU within 14 days if they will move forward in removing all the problematic wording from their ordinances.
"It's fitting that we're sending these letters out about drag ordinances during Pride month. It's a reminder to all cities that they need to respect the free speech and equal protection rights of participants and attendees at Pride celebrations. And to everyone—especially drag performers—we at the ACLU want to hear from you if a city violates your rights by targeting drag," Aurora said.
In recent years, the ACLU of Iowa has contacted other communities when it found that they had similar ordinances that unfairly equate all drag with obscenity. Those communities are Eagle Grove, Knoxville, Newton, Dyersville, Pella, Waukee, and Grinnell. Once contacted, all agreed to change their ordinances.
Aurora said the ACLU encourages all Iowa cities—not just the cities to which letters were sent—to review their ordinances closely to ensure they do not include language that classifies "female and male impersonators" as adult entertainment.
Drag performers or venues that are experiencing similar restrictions can contact the ACLU of Iowa at legal.program@aclu-ia.org.
