‘Sexual exhibition’ legislation advances to Idaho House

BOISE — A bill restricting “sexual exhibitions,” which opponents viewed as largely attacking drag shows and freedom of expression, will head to the House floor.

House State Affairs approved the bill Thursday morning; Rep. Brent Crane, R-Nampa, will sponsor it on the House floor.

The bill’s author, Idaho Family Policy Center President Blaine Conzatti, said the bill wasn’t specifically targeting drag shows, although the majority of the testimony and discussion revolved around drag performances.

“It doesn’t matter whether we’re talking about a sexually explicit strip tease or a sexually explicit drag show, neither belongs in a public park,” Conzatti said. “Neither belongs in a public facility or any other place where children are present.”

He said it doesn’t address “gender-bending roles in Shakespearean theater,” high school cheerleading performances, or the movie “Mrs. Doubtfire,” because the performances would have to be live and “patently offensive to the average person.”

The bill, which is a slight revision of HB 231 because of a clerical error, requires individuals and institutions that promote or perform in “sexual exhibitions” to take reasonable steps to restrict access of minors. A minor who is exposed to this conduct or their parent may sue for up to $10,000 within four years, under the legislation.

It also prohibits the use of public facilities or assets for these types of shows — some opponents worried this could jeopardize drag shows in parks.

Shortly after the bill was approved, the Family Policy Center, which describes itself as a “pro-family Christian ministry,” sent a news release referring to the legislation as the “sexual exhibitions/drag show bill,” and said it was prompted by drag shows in Boise and Coeur d’Alene.

In September, an event at the Boise Pride Festival that would have involved children dressing in drag and performing received backlash, and multiple sponsors withdrew support for the festival, KTVB reported. Idaho GOP Chairwoman Dorothy Moon said the event encouraged the “sexualization” of children.

The governor’s office directed the Department of Health and Welfare to drop its sponsorship of the program, which would have included a booth for its tobacco cessation program, the Idaho Press reported.

Two northern Idaho testifiers Thursday highlighted the Coeur d’Alene event.

“It was in a public park with a crowd full of children, many children. The faces of the kids said everything,” Heather Greenman said of the drag performance. “... I understand people who identify as gay are afraid of losing their rights. I’m a Christian and I’m also afraid of losing my rights right now in this country. But we need to stop putting our fears above the protection of innocent children.”

Multiple drag performers testified, saying that the language and intent of the bill alienates and stigmatizes their performances and that performers already tailor their shows to audiences when children are present.

“Our art form has recently been titled as sexually exploitative and child grooming, which I feel is a very harmful image to be putting out there, because it does do so much for the youth to be able to put on their beautiful dresses and spin around in pretty wigs, and nothing can ever compare to that in that moment for some kids, because that’s all they have in their day-to-day lives, and it’s all I had at one point,” said Riley Burrows, a 22-year-old full-time drag queen. “Because drag is not an exploitation, it is embracing. It is a love letter to yourself.”

The bill definition of “sexual conduct” includes acts that simulate masturbation, intercourse or contact with the pubic area, as well as sexually provocative dances or gestures “performed with accessories that exaggerate male or female primary or secondary sexual characteristics.”

Opponents underlined this section as targeting drag queen performances, which often include men wearing padding that exaggerates female features such as the hips and chest. Jessica Strebe, who performs as a drag king, wondered if the legislation would apply to a pop star in the park wearing a padded bra, which is something that exaggerates a female secondary sexual characteristic, Strebe said.

Conzatti later said that the legislation would only apply if the person wearing the accessories is doing a sexually explicit performance.

Amy Dundon, on behalf of the ACLU of Idaho, said the bill violates constitutionally protected rights to free expression. Dundon said that while obscenity is not a protected form of expression, the bill never mentions the word obscenity.

“Government cannot decide to eliminate speech acts simply because it is uncomfortable or disagrees with the content of particular forms of expression,” Dundon said.

Members of the committee, including Crane, his brother Rep. Jaron Crane, R-Nampa, and Rep. Heather Scott, R-Blanchard, expressed that they thought the definitions in the bill sufficiently describe obscenity without using the word.

Crane said after hearing the testimony from drag performers, he felt they were in agreement that their more adult-focused shows should not be performed for children. He also said he felt the bill would still allow the more family-friendly shows that the performers put on.

“I think we’ve drawn a pretty good line with this,” Brent Crane said.

Reps. John Gannon, D-Boise, and Brooke Green, D-Boise, said the wording and definitions in the bill were too vague. Green said maybe a Madonna concert would be considered offensive because of provocative dancing.

The committee voted on party lines to send the bill to the House floor for full debate.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.