ST. GEORGE, Utah — A federal judge has refused the City of St. George's request to throw out a lawsuit filed by a group of drag queens over a rejected performance.
In an order Monday obtained by FOX 13 News, U.S. District Court Judge David Nuffer issued a mixed ruling in a lawsuit filed by Southern Utah Drag Stars and the American Civil Liberties Union against the city. The City of St. George asked for the entire lawsuit to be dismissed, arguing in part that it had revised its ordinances and thus the lawsuit was unnecessary.
"Because SUDS is seeking a declaratory judgment, not only on the facial constitutionality of the City’s ordinances, but on the ordinances’ misuse by the City, a case or controversy still exists," Judge Nuffer ruled.
"The final adjudication of past facts remains to be made and is necessary for any future adjudication of damages and attorneys’ fees. The City’s repeal of the challenged ordinances does not erase the evidence that the ordinances were applied as a targeted attempt to restrict SUDS access to a public forum, nor does the repeal of the ordinances ipso facto constitute sufficient assurance that future discriminatory conduct will not take place. SUDS’ special event, though past and gone, was only held after court intervention. Permanent injunctive relief may still be necessary to ensure SUDS is not similarly treated in the future."
Southern Utah Drag Stars and the ACLU sued St. George city officials in 2023 after a permit for a drag show in a park was rejected. The plaintiffs cited comments that city leaders had made about drag shows, alleging they were discriminated against. Judge Nuffer sided with the drag show and chastised city leaders over their handling of the situation, citing the First Amendment, and ordered the city to allow the show to happen. Southern Utah Drag Stars got to perform at the Dixie Sunbowl in June of 2023.
"Today’s ruling makes clear that this case will continue, and we will keep fighting to protect our plaintiffs’ First Amendment rights. Drag is a form of expression that the First Amendment protects," said ACLU of Utah communications director Aaron Welcher in a text message to FOX 13 News.
The city argued to have the lawsuit dismissed as "moot" when the show was staged and it revised its ordinances. Judge Nuffer's latest order means the litigation will continue, but he did drop some claims the city requested because the show did happen.
"The City of St. George was gratified to see the court's ruling in our favor today on two of the Plaintiff's counts. The City will continue to move forward with the litigation in this matter and anticipates bringing this case to a successful conclusion," the city said in a statement.
Lawyers for both sides have said they have been engaged in settlement talks.
