Ohio’s proposed drag ban is back; Republicans rebrand it the ‘Indecent Exposure Modernization Act’

Ohio Republicans have again introduced a bill to ban drag performances from venues outside of “adult cabaret spaces.”

Now dubbed the “Indecent Exposure Modernization Act,” HB 249 is again sponsored by Reps. Angela King (R-Celina) and Josh Williams (R-Sylvania Twp.) and co-sponsored by 42 other Republican representatives. 

The bill would ban an individual from “recklessly [engaging] in an adult cabaret performance in a location other than an adult cabaret,” spaces that regularly feature persons who appear in a state of nudity or seminudity.

“Adult cabaret performance” is defined as one that is “harmful to juveniles or obscene” and the list of entertainers includes “performers or entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s biological sex, using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers.”

The definition of “adult cabaret performance” also includes “other similar performers or entertainers who provide entertainment that appeals to a prurient interest,” a vaguely defined category that could include many forms of dance, including burlesque.

HB 249 would impose penalties on these performers including:

• A first-degree misdemeanor if the performance takes place in the presence of a minor. 
• A fifth-degree felony if the performance is “obscene.”
• A fourth-degree felony if the performance is “obscene” and there are minors under 13 years of age present. 

A key piece of this legislation are the words “harmful to juveniles” and “obscene,” a highly subjective phrase defined in the Ohio Revised Code as “patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles,” “appeal[ing] to the prurient interest of juveniles in sex,” or “lacking serious literary, artistic, political, and scientific value for juveniles.”

“I am deeply committed to protecting our children,” King said in a statement. “As a mother and as a legislator, I believe Ohio families should feel safe taking their children to a city park without the risk of coming across an event or person performing in a way that incorporates themes, imagery, and acts intended for mature audiences.”

King has a documented history of using anti-LGBTQ+ language consistent with Christian nationalism and appeared alongside a neo-Nazi group in 2023 while protesting her own community’s Pride event in Celina, Ohio.

“We are seeing trends of indecent exposure and over-sexualized performances taking place in public in the presence of children,” said Williams in a statement. “Representative King and I and many other Ohioans don’t agree with these acts taking place in the open.”

Williams too has a documented history of using anti-LGBTQ+ language and is currently the co-sponsor of a bill to prohibit schools from using “transgender names or pronouns” to address students.

Second time around

Reps. King and Williams proposed a similar bill in 2023, then numbered HB 245: “To prohibit adult cabaret performances in locations other than adult cabarets.” 

That bill had two hearings in the Ohio House: sponsor testimony and proponent testimony from a representative from Gays Against Groomers, a Southern Povery Law Center-designated hate group that “amplifies dehumanizing anti-trans rhetoric” but that Ohio Republican lawmakers went out of their way to praise. A third hearing was never scheduled and the bill died in committee.

Numerous LGBTQ+ advocates spoke out against HB 245, including Veranda L’Ni, a Cleveland-based drag performer who has organized and hosted dozens of Drag Story Hours. Her work in promoting literacy and giving out free books to children has been threatened by candidates for the United States Senate, protested by out-of-town picketers and been the target of  Molotov cocktails, which were thrown at a church where she was set to perform. 

She highlighted the devastating effect such a ban would have on both drag performers and the theatrical community at-large.

“This drag ban will affect not only performers, but it will place theaters and other creative spaces at risk for unjust persecution and ludicrous violations,” L’Ni said. “This is an attack on the First Amendment at its core. Not only are my freedom of speech and self-expression on the line, so, too, is my ability to make a living.”

HB 249 was introduced on Tuesday and has not yet been assigned to a committee. 🔥

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