Bill to restrict adult-oriented performances gets state House endorsement

FILE — The state Capitol is shown in this undated file photo.
FILE — The state Capitol is shown in this undated file photo.


The Arkansas House on Monday endorsed Senate Bill 43, a proposed law that drew criticism for attempting to regulate “drag performances” and now aims to restrict “adult-oriented performances."

The amended bill passed in a 78-15 vote. The legislation, filed by Sen. Gary Stubblefield, R-Branch, will return to the Senate for further consideration.

The proposed law defines an “adult-oriented performance” as a show “intended to appeal to the prurient interest and that features a person who appears in a state of nudity or is seminude; the purposeful exposure, whether complete or partial, of a specific anatomical area, or prosthetic genitalia or breasts, or a specific sexual activity.”

The legislation would bar an “adult-oriented performance” from taking place on public property, admitting minors or being “funded in whole or in part with public funds.”

Rep. Mary Bentley, R-Perryville, who presented the bill to the House, said the legislation would address concerns raised by constituents and was needed to protect the innocence of children.

"This is not about anyone's rights," she said. "This is about protecting kids and not sexualizing our children."

Rep. Tippi McCullough, D-Little Rock, spoke against the bill. She said it contained vague and undefined terms that could influence its enforcement.

"I think if people are going to get penalized for doing something, they should understand what the parameters are of that and what the definitions are," she said.

McCullough also raised concerns about how the proposed law might affect plays and noted state law already regulates obscene material.

The House Committee on City, County, and Local Affairs on Feb. 1 approved Senate Bill 43 and the amendment retooling it to restrict “adult-oriented performance."

The original version of the bill aimed to classify "drag performances" as an adult-oriented business.

The legislation previously defined a “drag performance” as requiring at least one performer to exhibit a “gender identity that is different from the performer’s gender assigned at birth” before an audience of at least two people for entertainment, and as appealing to “the prurient interest.”

The Arkansas Senate on Jan. 24 handily approved the original form of the bill along party lines.


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