SALT LAKE CITY — The City of St. George is asking a federal judge to drop a lawsuit filed by the producers of a drag show, arguing that the show went on and ordinances have been changed governing such events.
In a motion for summary judgment obtained by FOX 13 News, lawyers for the city argued it was a moot point. Southern Utah Drag Stars, which sued the city, ultimately staged their show (albeit under a federal court order) and the city council has tweaked its own ordinances.
"These claims are now moot because (1) this Court entered a preliminary injunction ordering St. George City to allow the event to be held on June 30th, St. George City complied with this order, and Plaintiffs held their event on June 30th, and (2) St. George City revoked and replaced its special events ordinance on August 31, 2023," Scott Young, an attorney for the City of St. George, wrote in the motion.
The city rejected Southern Utah Drag Stars' application for a special event permit, prompting the lawsuit. They accused city leaders of discrimination and violating their First Amendment rights, citing comments St. George city leaders made against drag shows. A federal judge sided with the drag show's producers and the American Civil Liberties Union of Utah, ordering the city to allow the show, which was staged in late June.
Young argued in his motion that the St. George City Council repealed provisions that were the subject of litigation and created a new section listing each available park and what kinds of events can be used.
"This action moots Plaintiffs’ allegations of exclusion from any public forum. Moreover, the new special events ordinance places the appellate jurisdiction for special event permit denials in an administrative law judge, rather than the City Council. Thus, the City Council, who Plaintiffs contend used the advertising provision and moratorium as pretext for discrimination, no longer affirms or denies decisions on permit applications. These changes are significant and afford new protections for Plaintiffs and others," Young wrote.
The ACLU of Utah, which represents Southern Utah Drag Stars, told FOX 13 News it is not backing off its litigation.
"We will not only oppose the motion to dismiss the case, we will continue fighting for Utahns’ First Amendment rights whenever the government seeks to infringe upon those rights," ACLU legal director John Mejía said in a statement.
In previous court hearings, lawyers for both sides have signaled they are entertaining settlement talks.
