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The Federal Circuit allows Texas to enforce statutes of limitations

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A federal appeals court has ruled that Texas can enforce a 2023 law that bans drag shows in public or where children are present, although the ruling indicated that the justices indicated that all drag shows would be limited under the measure.

Senate Bill 12 for the prohibition of pulling players from dancing by relaxing or wearing certain prosthetics in public property or in front of children. Business owners can face a fine of $10,000 for engaging in this activity, and players who violate the law can be charged with a misdemeanor.

A three-judge panel of the Fifth Circuit Court on Thursday overturned the original decision by the district court, returning the case to the district court, according to the Texas Tribune.

In Thursday’s decision, the judges ruled that most of the plaintiffs, including the drag player and the production company and the pride groups, said that they planned the law “systematic, means that the sellers say.

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Senate Bill 12 for the prohibition of pulling players from dancing by relaxing or wearing certain prosthetics in public property or in front of children. (Patrick Lantrip / Memphian Daily via AP, FILE)

This decision also suggests that the court does not believe that all drag shows are sexually explicit and therefore, have no effect on the ban.

In September 2023, US District Judge David Hitner ruled that the law was unconstitutional, writing that it was a “violation of the law” that it was “unreasonable” to believe that it would affect activities such as live theater or dance.

Critics of the ban earlier said GOP lawmakers were trying to label all sex-based shows, as Republicans continue to scrutinize the practice in Texas and several other states.

The court found that the operations described by the company to produce deductions clearly show, although the decision does not specifically say what actions are included.

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Texas Drag queen working in a nightclub

This decision shows that the court does not believe that all drag shows are sexually explicit and therefore, not affected by the ban. (BANDON BELL/Getty Images)

“When asked if the players were imitating someone else’s buttocks, ‘the owner testified that the players stayed in the customers’ rooms while the person wearing the ‘certain customers’ invited them to the field,'” said the decision. “When asked if the players have ever played puritics while wearing prouticics, ‘the owner testified that at a recent Queen’s 360 show, she pulled her chest out in front of people,'”

Judge Kurt Engelhardt also wrote in a footnote that there is “real doubt” that these actions are “constitutionally protected – especially in the presence of minors.” He was joined by Justice Leslie Southwick, while Justice James Dennis dissented.

“That beautiful mbuct ran the trick of fixing the first amendment and threatened to mislead in time,” said Dennis from his half seat.

The court also dismissed most of the defendants in that case before sending it back to the district court to rehear the portion of the measure that focused on the Texas Attorney General’s work in law enforcement.

Texas Attorney General Ken Paxton praised the decision, saying in a news release that he “will continue to work to protect our children from sexual and inappropriate exposure.”

Ken Paxton

Texas Attorney General Ken Paxton praised the decision, saying he will “continue to work to protect our children from sexual and inappropriate exposure.” (Hannah Beier/Bloomberg via Getty Images)

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“It is a right to defend this law, to ensure that our state remains safe for families and children, and I look forward to continuing to vigorously defend it before the District Court,” she said.

Plaintiffs and the ACLU of Texas, representing plaintiffs

“We are disappointed by that return, but not defeated,” the joint statement said. “Together, we will continue to support a Texas where everyone – drag artists and LGBTQIA + people – can live without fear, including drag.”

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