June 17 (UPI) — Utah officials must give a permit to a group that organizes drag shows after a federal judge found that the city of St. George had violated the group’s First Amendment rights.
Southern Utah Drag Stars had filed a federal lawsuit against St. George in May seeking the court to reverse the city’s decision after the group was denied a permit for an all-ages show planned for a public park in April, court records obtained by UPI show. The group also asked for a permit for later this month.
“Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces,” U.S. District Judge David Nuffer said in his blistering 60-page order granting a preliminary injunction.
“The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.”
Southern Utah Drag Stars had been told by a city official that the group could advertise before for the April show before the permit was granted but the city council later denied the permit on the grounds that advertising before it was granted violated a local ordinance.
Nuffer blasted city officials for denying the permit based on “never-previously-enforced ordinances that prohibit special event advertising until a final event permit is issued.”
“The governing body and its members must never use pretended or pretextual reasons to hide the real reasons for denying individuals their constitutional rights. This is not only a fundamental breach of their oath and trust but also less than honest,” Nuffer wrote.
The judge also prevented the city, which is largely conservative, from enforcing its advertising ordinance on other groups.
“We strive to follow the law in everything we do,” St. George communications director David Cordero told UPI in an email. “We are evaluating our options in regards to the ruling.”