Texas Arts Community Grapples with Texas Senate Bill 12 and Its Impact on Sexually Oriented Performances
The arts community in Texas is facing a major challenge with the impending implementation of Texas Senate Bill 12, which is set to take effect on September 1. The bill has sparked a wave of litigation, leaving arts groups scrambling to understand how it will impact their performances. One such group is the Dallas Theater Center (DTC), which is scheduled to open its new season with The Rocky Horror Show on September 23 at the Kalita Humphreys Theater.
The Rocky Horror Show, a stage adaptation of the cult classic film, is a unique blend of horror, science fiction, rock music, and transvestite culture. However, the bill’s author, Republican State Senator Brian Hughes, argues that drag shows and other sexually oriented performances should be reserved for adults only, claiming that they expose children to issues of sexuality and identity.
Originally, SB 12 specifically targeted drag shows, but after facing criticism, the bill was revised to criminalize sexually oriented performances on public property, on the premises of a commercial enterprise, or in the presence of a child. This broad language has left many critics concerned about how the law will be interpreted and enforced.
To address these concerns, arts leaders in Dallas recently gathered to hear from Travis Fife, a staff attorney for the Texas Civil Rights Project. Fife provided a breakdown of the bill and clarified its definition of sexual conduct. According to Fife, SB 12 imposes significant restrictions on performances that touch on sexual themes, plot elements, or character development. If a performance is considered to appeal to the prurient interest, the law imposes civil liabilities on venues, criminal liability on performers, and prevents municipalities from authorizing such performances on public property.
Fife’s presentation sparked discussions regarding the applicability of SB 12 to plays featuring nudity, such as Frankie and Johnny in the Clair de Lune and the Broadway musical Hair. Fife explained that there are no specific gender or queerness requirements in the law’s definition of sexual conduct. He even humorously suggested that the Dallas Cowboys Cheerleaders might fall under the law’s definition due to their use of accessories and gesticulations.
The uncertainty surrounding the implementation of SB 12 has left arts organizations like the Dallas Theater Center in a difficult position. They are hopeful that an injunction will prevent the law from taking effect, especially considering the impact it could have on their upcoming performance of The Rocky Horror Show. The DTC argues that the production is a celebration of sexuality and a beloved, silly cult classic.
As the arts community awaits further developments, they are grappling with the potential restrictions that SB 12 may bring. They are concerned about the implications for artistic freedom, the financial impact on venues, and the perceived encroachment on parents’ rights to make decisions about their children’s exposure to certain art forms.
The Texas arts community is closely monitoring the outcome of the ongoing litigation challenging SB 12. Advocacy organizations like the Texas Civil Rights Project and the American Civil Liberties Union are representing plaintiffs who oppose the law. The hope is that through legal action, the arts community can preserve their ability to express themselves freely and continue to provide diverse and thought-provoking performances to audiences of all ages.
