Public obscenity bill that could impact drag shows heads to Oklahoma governor

OKLAHOMA CITY – The Oklahoma Senate on Thursday sent Gov. Kevin Stitt a bill that would bar obscene performances on public property or areas where minors are present despite concerns that it is unconstitutional and aimed at impacting drag shows.

House Bill 1217 makes it a crime to engage in adult performances, or to permit them, on public property where a minor could view them. Violators would be guilty of a misdemeanor subject to a fine of up to $1,000, one year in jail or both.

Sen. David Bullard, R-Durant, the Senate author, said the bill does not mention drag shows.

“If the behavior is obscene, regardless of dress, then it should not be allowed in front of minors,” Bullard said.

Critics said state law already prohibits obscene displays. They said the measure targets drag performances, the LGBTQ+ community and violates constitutionally protected free speech rights.

“Let’s be clear from the outset that House Bill 1217 is an anti-speech, anti-queer, anti-art bill masquerading as a protection against obscenity,” said Sen. Carri Hicks, D-Oklahoma City. “It does not use the word drag. But make no mistake. This bill is absolutely about drag.”

Opposing the bill is a “wink at corruption,” said Sen. Dusty Deevers, R-Elgin.

“We are living in a time where grown men parade around in lingerie and exaggerated prosthetics, performing in front of wide-eyed toddlers in public and at libraries, and some call that progress,” Deevers said. “That’s not progress. It is perversion. And Jesus calls it evil.”

Deevers asked why it is acceptable to arrest someone for exposing themselves at a park, but not when they “wear exaggerated prosthetics and gyrate in front of children.”

Sen. Mark Mann, D-Oklahoma City, said because the language is so broad, it could ban theatrical performances, cultural performances and cheerleading routines.

“What this is really about is one small group in our community, a group of our neighbors, making another small group in our community uncomfortable, and so we’re going to have a piece of legislation to go after one group because it makes another group uncomfortable,” Mann said.

Sen. Regina Goodwin, D-Tulsa, said there was a time when Elvis Presley, known for gyrating his hips, could only be videoed from the top up because some felt he was so sexually obscene that it was not good for public viewing.

The measure passed by a vote of 39-8.

This story was updated at 3:33 p.m. to better describe the bill.