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Tennessee Gov. Bill Lee signed SB0003, the nation's first law criminalizing drag and adult-cabaret performances

On March 2, 2023, Tennessee Governor Bill Lee signed SB0003, the "Adult Entertainment Act" (Public Chapter No. 2), the first state law in the nation to criminalize "adult cabaret performance" — defined to include "male or female impersonators" — on public property or anywhere a minor could view it. The measure, sponsored by Sen. Jack Johnson and Rep. Chris Todd, passed the Senate 26-6 and the House 74-19 and took effect April 1, 2023.

Jurisdiction
Tennessee
Location
Nashville, Tennessee

Abuses documented

Actors

On March 2, 2023, Tennessee Governor Bill Lee signed SB0003 into law as the "Adult Entertainment Act," Public Chapter No. 2 of the 113th General Assembly. The statute amended Tenn. Code Ann. Title 7, Chapter 51 to criminalize "adult cabaret performance" — defined to include "male or female impersonators who provide entertainment that appeals to a prurient interest" — on public property or in any location where the performance could be viewed by a minor. A first violation is a Class A misdemeanor; repeat violations rise to a Class E felony.

The bill, sponsored in the Senate by Sen. Jack Johnson (R-Franklin) with companion HB0009 by Rep. Chris Todd (R-Madison County), passed the Senate 26-6 and the House 74-19 before final concurrence and the Governor's signature. It took effect April 1, 2023. Though the enacted text does not use the word "drag," it was the first bill of its kind to be signed into law in the United States, and its legislative history and public framing established it as targeting drag performances and LGBTQ+ expression. The law became the model for a wave of similar "adult performance" statutes advanced in other states the same year.

Updates

2023-06-02 — Federal judge issued permanent injunction against Act [3]

A federal district judge (W.D. Tenn.) issued a permanent injunction against enforcement of the Act by the Shelby County District Attorney, finding it likely unconstitutional under the First Amendment in the challenge brought by Memphis theatre troupe Friends of George's.

2024-07-18 — Sixth Circuit reversed injunction on standing grounds [4]

A three-judge Sixth Circuit panel reversed the injunction and ordered the case dismissed, holding that Friends of George's lacked standing to sue; the panel ruled on procedural standing grounds and did not reach the district court's First Amendment merits finding, reviving the law's enforceability. The Supreme Court later declined to hear the case.

Why we recorded this

First Amendment protection of expression and equal protection under law are eroded when a government criminalizes a category of performance defined by who is performing. Tennessee enacted the nation's first statute restricting "adult cabaret performance" — explicitly including "male or female impersonators" — on public property or where a minor could view it, making a first offense a misdemeanor and repeat offenses a felony. Recorded because it shows a state deploying criminal law to target drag and LGBTQ+ expression, setting a template that other states copied.

Sources

  1. Bill Information - SB0003 (113th General Assembly) — Tennessee General Assembly primary accessed July 17, 2026
  2. SB0003 bill text (PDF) — Tennessee General Assembly primary accessed July 17, 2026
  3. Tennessee Adult Entertainment Act — Wikipedia secondary accessed July 17, 2026
  4. U.S. Appeals Court upholds Tennessee drag show ban — Tennessee Lookout secondary accessed July 17, 2026

See also