ST. GEORGE, Utah — The producer of a drag show and the American Civil Liberties Union have filed a lawsuit against the city of St. George for rejecting their application for an event.
The lawsuit, filed Tuesday in U.S. District Court in Salt Lake City, accuses St. George city leaders of discrimination when it rejected Mitski Avalōx and Southern Utah Drag Stars' application for an all-ages show in a city-owned park.
"The City denied Plaintiffs’ application and took other discriminatory actions to prevent the drag performance from taking place based on the City’s objection to the viewpoint and content of Plaintiffs’ performance, including the gender nonconforming expression it involves," the lawsuit said.
Avalōx told FOX 13 News on Tuesday that she wanted to stage the show in a park to send a message of unity and support for the LGBTQ community in southern Utah.
"It’s not just a political message but also just for the community, a rural community at that. That for so long has kind of muted voices like mine," she said. "So when I was denied, I felt that there an injustice done not just to me but my entire community. It was not just me hoping to have a drag show. It was vendors, audiences, people from Salt Lake City coming down to support St. George in one of its first-of-its-kind drag shows in a public park using a special events permit. So after that, I said 'enough is enough.'"
The lawsuit said council members relied on a never-used piece of city code to reject Southern Utah Drag Stars' application because they had already started advertising the event before the permit was granted. The lawsuit also accuses St. George City Council members of discriminating against the LGBTQ community in public rhetoric.
"The City’s discriminatory denial of Plaintiffs’ permit application resonates with decades of mistreatment towards a marginalized community. It communicates to Plaintiffs, and to the broader LGBTQ+ community in St. George, that they are unwelcome and unworthy to exist in public spaces," the lawsuit said. "Further, the City’s actions silence artistic expression in an effort to score political points under the mantle of being opposed to LGBTQ+ people’s civil rights."
Avalōx said she had a show planned at a private venue that ended up canceling because of "a small minority but very loud minority."
"I've never seen people experience the joy and safety that they have at my family-friendly shows," she said.
A spokesperson for the City of St. George said they had not yet been served with the lawsuit and had no comment on it. The ACLU is asking for a judge to order the city to grant the permit and allow the show to be staged in June in a city park.
This is not the first time St. George has faced controversy over drag shows. The HBO documentary series "We're Here" staged one in a park to the objection of some city leaders. It led to the resignation of the city manager, who refused to cancel the permit because he feared a First Amendment lawsuit. The City of St. George ended up receiving a payout in an agreement to leave.
In response to the controversy, a St. George area lawmaker also introduced a bill in the Utah State Legislature earlier this year requiring shows on public property with "adult themes" to post notices warning people. The bill failed to advance but is slated to be discussed over the next year in the legislature's interim sessions.
Read the lawsuit here:
