Dear City and County Commissioners,
I am writing to address the recent request to cancel The Drag Queen Christmas performance at the city-owned Saenger Theater. After reviewing the claims made regarding obscenity and the protection of minors, I want to highlight several key points.
• Obscenity Misapplied – U.S. law defines obscenity very narrowly under the Miller v. California (1973) test. For material to be legally obscene, it must:
• Appeal to prurient interest,
• Depict sexual conduct in a patently offensive way, and
• Lack serious literary, artistic, political, or scientific value.
Drag performances, even when adult-themed, generally have recognized artistic and political value and therefore do not meet this standard. Attempts to label them obscene are inconsistent with legal precedent.
• Drag as Protected Artistic Expression – Drag is widely recognized as a form of performance art, combining theater, satire, music, and comedy. Courts and the ACLU have consistently upheld drag shows as protected under the First Amendment. Academic research also underscores drag’s cultural and civic significance.
• Minors and Public Safety – Adult-themed performances are already subject to age restrictions. There is no evidence that exposure to a drag performance causes harm to minors. Concerns regarding children’s attendance can be addressed through standard age-appropriate policies without canceling the event entirely.
• Government Duty and Free Speech – While the city manages public spaces, it cannot suppress expression simply because some find it offensive. Censoring this performance based on subjective moral discomfort constitutes viewpoint discrimination, which is prohibited under the First Amendment.
• Overbroad Policy Proposals – Recommendations to broadly prohibit “shows described in the above manner” are legally overbroad. Such policies risk suppressing constitutionally protected performances and would likely be struck down in court (Broadrick v. Oklahoma, 1973).
In conclusion, The Drag Queen Christmas show does not meet the legal standard for obscenity, is protected as artistic expression, and age-appropriate attendance policies already address concerns about minors. I urge the commission to allow the performance to proceed while maintaining existing safety and age-related policies.
Sincerely,
[Your Name]