ST. GEORGE, Utah — A federal judge has sided with the organizers of a drag show who sued the City of St. George for rejecting a permit to hold an event.
Southern Utah Drag Stars, Mitski Avalōx and the American Civil Liberties Union filed the lawsuit last month, accusing city leaders of discrimination for rejecting their application for an all-ages show in a city-owned park.
"Public spaces are public spaces," U.S. District Court Judge David Nuffer wrote. "Public spaces are not private spaces. Public spaces are not majority spaces. The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression."
The lawsuit alleged city 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 receiving approval.
However, the judge's ruling said Avalōx obtained verbal permission from the city's special events coordinator in late March to begin advertising for the event, which was initially scheduled for April 28. Just days after that, however, the city abruptly denied the organizers' application.
In Friday's ruling, the federal judge ordered the city council to reverse its decision and issue a permit allowing the "Allies Drag Show" to be held on June 30. Judge Nuffer also noted the conservative climate of St. George, but chided city leaders.
"It is entirely understandable how politically sensitive elected and appointed officials with strong personal beliefs and preferences, a sense of community expectations and values, knowledge of historical norms and practices, and a cautious approach to change and controversy would be challenged by Plaintiffs’ application for a special event permit," he wrote. "The approach to the Plaintiffs’ permit application is not unusual, and neither is this resulting lawsuit. Public officials, including judges, are not permitted to make some decisions based on personal preference or values, but must often subordinate personal interests to the obligations we have as public officials."
"Challenging times give us an opportunity to re-examine fundamental principles of our government and, once again, determine to adhere by them. We recognize that just as we enjoy and prize our rights, we must value and respect the rights of others. This case presents an opportunity for our recommitment."
The ACLU of Utah, which represented Southern Utah Drag Stars and Avalōx, said in a statement to FOX 13 News on Saturday it was pleased with the ruling.
“Quite simply, drag is protected by the First Amendment. The City of St. George’s selective and discriminatory refusal to permit a family-friendly drag event impermissibly silenced LGBTQ+ Utahns and violated our client's constitutional rights," said Valentina De Fex, Senior Staff Attorney for the ACLU of Utah. "This ruling is a win for not just our client- who will now be able to hold an event on June 30 that celebrates inclusivity and joy- but for all people in St. George and throughout Utah. We are grateful for the court’s decisive action to disallow attempts by city officials to implement subjective viewpoints of what they deem appropriate to silence and erase LGBTQIA+ and gender diverse communities throughout the state."
In its own statement, city leaders said they were disappointed and considering options (which potentially could include an appeal to the 10th U.S. Circuit Court of Appeals in Denver).
"The City of St. George is committed to ensuring that our public parks and facilities remain viable and open to our residents as well as for those who may want to hold one of the many special events in our community. Our intent is always to follow the law both when we enact laws and when we enforce laws, and we will continue to do so. We have read Judge Nuffer’s opinion and while we are disappointed in the result, we are currently evaluating our options in light of the ruling," the city said
Read the judge's ruling here:
