Uploaded August 2026 | Updated September 2026, 2 weeks ago
Texas once again cannot enforce its restrictions on some public drag shows after a federal judge on Tuesday declared a 2023 law unconstitutional for the second time.
U.S. District Judge David Hittner initially declared Senate Bill 12 unconstitutional in September 2023 only a few months after it was passed by the Texas Legislature, citing First Amendment violations. More than two years later in November, the 5th U.S. Circuit Court of Appeals unblocked the law and returned the case to Hittner with specific instructions on how to reassess it.
Hittner reaffirmed his ruling Tuesday, stating in his order that besides removing several plaintiffs and defendants from the lawsuit, the appellate court’s decision “did not disturb” his prior decision declaring SB 12 unconstitutional. The ruling again pauses the law, which had gone into effect in March after the 5th Circuit’s decision.
The ruling described SB 12 as overly broad in its definitions of performance and nudity, stating that provocative cosplay at conventions, swimming athletes or Dolly Parton and Elvis impersonators could potentially be penalized under the law.
“The vast majority of the law's numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint,” Hittner wrote.
The suit was originally filed against Texas Attorney General Ken Paxton, two counties three district attorneys and one county attorney by two community pride groups, two entertainment groups and Brigitte Bandit, a drag queen and longtime Texas LGBTQ+ rights activist. After the 5th Circuit’s ruling, the two pride groups were removed as plaintiffs and Paxton was left as the sole defendant, which Hittner said satisfied the higher court’s instructions.
“We use our performances to assert liberation, power, and joy with our community,” Bandit said in a statement provided by the American Civil Liberties Union, which represented the plaintiffs. “As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community.”
Hittner’s ruling notes that Gov. Greg Abbott “touted” SB 12 as a drag ban after its passage in 2023. The law’s critics have repeatedly raised concerns that Republican lawmakers, in passing the law, had portrayed all drag performances as inherently sexual or obscene.
SB 12 as adopted in law contains no language explicitly referencing drag performances, however a previous version while in the Legislature specifically included references to drag. Hittner noted in today’s ruling that opponents of drag performances are not obligated to attend them.
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple ... just don't go,” he wrote.
Hittner also denied a request from Paxton for a supplemental trial and new discovery in the case.
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Texas once again cannot enforce its restrictions on some public drag shows after a federal judge on Tuesday declared a 2023 law unconstitutional for the second time.
U.S. District Judge David Hittner initially declared Senate Bill 12 unconstitutional in September 2023 only a few months after it was passed by the Texas Legislature, citing First Amendment violations. More than two years later in November, the 5th U.S. Circuit Court of Appeals unblocked the law and returned the case to Hittner with specific instructions on how to reassess it.
Hittner reaffirmed his ruling Tuesday, stating in his order that besides removing several plaintiffs and defendants from the lawsuit, the appellate court’s decision “did not disturb” his prior decision declaring SB 12 unconstitutional. The ruling again pauses the law, which had gone into effect in March after the 5th Circuit’s decision.
The ruling described SB 12 as overly broad in its definitions of performance and nudity, stating that provocative cosplay at conventions, swimming athletes or Dolly Parton and Elvis impersonators could potentially be penalized under the law.
“The vast majority of the law's numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint,” Hittner wrote.
The suit was originally filed against Texas Attorney General Ken Paxton, two counties three district attorneys and one county attorney by two community pride groups, two entertainment groups and Brigitte Bandit, a drag queen and longtime Texas LGBTQ+ rights activist. After the 5th Circuit’s ruling, the two pride groups were removed as plaintiffs and Paxton was left as the sole defendant, which Hittner said satisfied the higher court’s instructions.
“We use our performances to assert liberation, power, and joy with our community,” Bandit said in a statement provided by the American Civil Liberties Union, which represented the plaintiffs. “As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community.”
Hittner’s ruling notes that Gov. Greg Abbott “touted” SB 12 as a drag ban after its passage in 2023. The law’s critics have repeatedly raised concerns that Republican lawmakers, in passing the law, had portrayed all drag performances as inherently sexual or obscene.
SB 12 as adopted in law contains no language explicitly referencing drag performances, however a previous version while in the Legislature specifically included references to drag. Hittner noted in today’s ruling that opponents of drag performances are not obligated to attend them.
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple ... just don't go,” he wrote.
Hittner also denied a request from Paxton for a supplemental trial and new discovery in the case.
_______________
Stay up to date with our social media:
WOAI on Instagram: instagram.com/news4sa
WOAI on Facebook: facebook.com/News4SA
WOAI on Twitter: twitter.com/news4sa
Subscribe to WOAI on YouTube: youtube.com/channel/UCpsuSNiFkl4T4owtIb8QqWQ/?sub_confirmation=1
Daily News Playlist:
youtube.com/playlist?list=PLyFwDPyddKc7LjpC-mcnv_GVlPbuj84-M
For more information, visit news4sanantonio.com
Have a news tip? Send it directly to us:
Email us: NewsDesk@news4sanantonio.com
Call the Newsroom: 210.442-6397
WOAI is a TX based station and an NBC Television affiliate owned and operated by Sinclair Broadcast Group, Inc. Sinclair Broadcast Group, Inc. is one of the largest and most diversified television broadcasting companies in the country today.
#WOAI #NEWS4SA #NEWS4SanAntonio #WOAI4 #SanAntonio
