Federal judge blocks Montana drag ban law for now
As Montana Pride is set to start in Helena this weekend, a federal judge Friday issued a temporary block on a law meant to ban minors’ attendance at some drag performances and story hours.
The block came as part of a lawsuit challenging House Bill 359, passed earlier this year. Organizers of the week-long Pride event initially said their request for permits to hold the gatherings would be denied.
The city of Helena, added as a defendant in the case along with the state Attorney General, Superintendent of Public Instruction and chief executive of Butte-Silver Bow County, later said it would issue the permits. The city joined individuals, businesses and organizations in calling for the temporary halt to the law, saying it did not want to deny permits and possibly violate organizers’ and participants’ rights but also didn’t want its employees at risk of legal challenges for issuing permits.
“The 30th annual Montana Pride is slated to begin in less than two days. Plaintiffs, along with the approximately 15,000 Montanans who wish to attend the events, cannot avoid chilled speech or exposure to potential civil or criminal liability under HB 359 in the absence of the extraordinary remedy of a (temporary restraining order),” U.S. District Court Judge Brian Morris wrote in his order.
“The City of Helena faces the untenable choice between ‘infring[ing] upon plaintiff[s’] constitutional rights’ and ‘subject[ing]’ the city employees tasked with reviewing Montana Pride’s application ‘to civil and criminal liability under the provisions of HB 359.’”
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House Bill 359, carried by Republican Rep. Braxton Mitchell of Columbia Falls, bans minors from drag story hours in public schools, libraries and other places that receive public funding, as well as drag shows held on public property or in places that receive public funding and in sexually oriented businesses, as defined in the law. The bill was passed with only GOP support and signed into law by Republican Gov Greg. Gianforte earlier this year.