Idaho bill would prohibit minors’ access to drag shows

BOISE — A bill aimed at prohibiting people younger than 18 from viewing or coming across public drag shows and “sexual exhibitions” was introduced Thursday in the House State Affairs Committee.

Blaine Conzatti, president of the Christian-centered advocacy group the Idaho Family Policy Center, presented House Bill 230 to lawmakers on the committee Thursday.

“The (bill) does not ban sexual exhibitions outright,” Conzatti said, arguing that the restrictions fell within the constitutionally permissible standards around “time, place and manner” to prevent minors younger than the age of 18 from being exposed.

Conzatti and lawmakers ran another bill aimed at limiting drag shows in public in 2023, which drew criticism that it may have violated conduct and expression protected by the First Amendment. That bill passed the House but failed to advance in the Senate.

The text of HB 230 begins with nearly three full pages of case law around free speech and historically what can and cannot be restricted.

Under the bill, any person or institution that hosts or performs in a show, exhibition, or live performance “must take reasonable steps to restrict access to minors” if minors would likely be present, if the show involves sexual conduct, and if the exhibition is “patently offensive to an average person applying contemporary community standards” as to what is suitable for minors.

Minors who were exposed to the conduct described in the bill, if the organizer failed to take reasonable steps to restrict access, would be able to sue for $5,000 in damage as well as other relief.

Sexual conduct is defined in the bill as acts or depictions of “masturbation, sexual intercourse or physical contact with a person’s unclothed genitals or pubic area” and “sexually provocative dances or gestures performed with accessories that exaggerate male or female primary or secondary sexual characteristics.”

The bill exempts dance or cheer routines from high school or higher educational institutions if they take place in association with a school or club event.

Conzatti said the bill language was based on the Federal Communications Commission’s restrictions over what can be broadcast during the daytime. The FCC prohibits “indecent” material during daytime hours, which is defined as “material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.”

There are no restrictions in FCC guidelines that mention “accessories that exaggerate male or female primary or secondary sexual characteristics.”

The bill includes “affirmative defenses” from prosecution if the organizer or host can show it had performers or other organizers sign a contract prohibiting the conduct outlined in the bill, if the minor was at least 14 years old and attended with a parent or legal guardian or the parent gave written consent, or if the minor produced credentials indicating they were 18 or older.

It would not be a defense if a parent attended with a minor younger than 14 years old.

The state attorney general or a county prosecutor would also be able to seek injunctive relief to stop the performance or conduct if they have “reason to believe” it violated the restrictions in the bill.

The Idaho Family Policy Center has said in a news release that banning “indecent drag shows” or other sexual exhibitions where children were present was its top legislative priority for the 2025 session. The bill was prompted by drag performances held in parks in Boise and Coeur d’Alene, according to a news release.

The sponsors of the bill will be Rep. Ted Hill, R-Eagle, and Sen. Ben Toews, R-Coeur d’Alene, according to the release.

The bill will come back for a full public hearing.

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.