San Antonio drag company argues Texas law hinders freedom of expression

A Texas judge temporarily blocked a law that some Texans say infringes on their freedom of expression.

A San Antonio drag company is challenging Senate Bill 12, which bans drag performances in front of minors.

San Antonio drag queen Iridescent said she worries that her full face of makeup and pink suit could lead to criminal charges for performers like her and the places she performs.

“Oh, it’s frightening. I miss when one of the worst things drag queens had to worry about was the rain. Or it being too hot,” Iridescent said. “If they saw us, I could be arrested or fined or become a felon just because I’m talking to you in front of a camera dressed in a suit that I made.”

San Antonio drag company 360 Queen Entertainment is challenging the law alongside the American Civil Liberties Union. They’re arguing the measure would affect the drag company’s ability to perform at Tomatillos, a family-owned Mexican restaurant on the North Side, because minors could see the show from the open patio.

“All you have to do is trust American parents to know what their children should or should not be exposed to and allow them to make the decision for themselves,” Co-owner of 360 Queen Entertainment Richard Montez said.

The ACLU argues SB12 could impact more than drag shows.

“SB 12 is written in such an overly broad way that it could impact things like traveling, theater shows, concerts, professional cheerleading, even something like a karaoke night. So it’s quite dangerous in the way that it could lead to government censorship of many different forms of art,” ACLU attorney Chloe Kempf said.

For Iridescent, expressing herself in heels helps her mental health.

“If I’m sad, I can do a sad song and make the audience cry with me. If I’m happy, I can do a happy song and get the audience to have fun with me. And it’s cheaper than therapy,” Iridescent said.

Iridescent said she is thankful a Texas judge temporarily blocked SB12, but she is nervous.

“I feel like we’re on the edge of a cliff and we’re holding on by a tiny little thread and that we don’t know if we’re going to be saved right now,” Iridescent said.

The Texas Attorney General’s Office is representing the state in this lawsuit. The AG’s office said the law was passed to protect children and uphold public decency.

When SB12 was challenged, the author of the bill Sen. Bryan Hughes said the law was designed to protect children.

It will be several weeks before a judge decides if this law will stay in place.

More on KSAT:

• New Texas laws that take effect on Sept. 1, 2023