ST. GEORGE — A bill that is a step away from passing the Legislature will require cities and other subdivisions of the state to provide public notice if approval for an event or the like is considered inappropriate for children.
The event permit notification amendments bill, designated HB 329 in the 2023 Utah Legislature, is sponsored by Rep. Colin Jack, R-St. George and cosponsored on the Senate side by Sen. Evan Vickers, R-Cedar City.
“This bill is about protecting children and empowers parents,” Jack said as he spoke to St. George News over the phone Monday. “Parents have told me they feel disenfranchised in our public spaces.”
Hours earlier, Jack’s bill was heard in the Senate Government Operations and Political Subdivisions Committee where it passed 3-2. The bill passed a House committee in a 6-5 vote and the House floor in a 55-14 vote last week.
The purpose of the bill is to require the state, universities, counties and municipalities “to provide public notice under certain conditions for a permitted event with an adult theme.”
This is meant to help parents make informed decisions about what public events they choose to take their children to, Jack said, rather than potentially walk into a surprise they’d rather their children did not see.
He also likened the public notice to the content warnings that appear before a movie on Netflix or a similar streaming service, or the content and warning rating systems applied to music, TV programs movies and video games.
However, just who exactly defines what “adult themes” are has been a topic of concern for some of Jack’s fellow legislators, as well as Equality Utah, the American Liberties Union of Utah and others arguing it doesn’t protect children as much as it violates the First Amendment and invites litigation.
Senate committee member Sen. Jen Plumb, D-Salt Lake City, said she considered events that showcased guns to be adult-themed and inappropriate for children and wondered if what Jack’s bill really meant to go after was cases of public obscenity.
HB 329 purposefully leaves out a strict definition of what adult themes may imply, and leaves it to public entities approving an event permit to make that determination under definitions already outlined in state law.
“In this bill, we’re not attempting to redefine any of that, and we’re not attempting to prohibit any kind of free speech,” Jack said during Monday’s Senate committee hearing.
Another reason why the bill puts a “light touch” on the matter is that it is not meant to be a one-size-fits-all approach, he said.
“We’ve said, that in the application, if the local standard deems that the (the event) is legal, but maybe not good for minors, then it should have a notice so that parents will know whether or not to bring their kids to those events,” Jack said.
What may be considered inappropriate content for minors in St. George may not be in Salt Lake City, Jack said.
While speaking to St. George News, Jack explained that a private event cannot be compelled to label itself as potentially inappropriate for children as that can become a First Amendment issue. Instead, the public entity that permits the event must provide public notice in some form instead as a way to warn parents.
While the bill includes language meant to protect public staff who do the permitting, parties that commented against the bill remained skeptical.
“It’s challenging for a city council to try and regulate this,” Brian Allen, a member of the Cottonwood Heights City Council, said in a Feb. 21 meeting of the House Political Subdivisions Committee.
“It’s fraught with all sorts of liability issues,” he said. “You’re putting city councils in an awkward position.”
In Monday’s Senate committee hearing, attorney David Reymann called the bill unconstitutional.
“This bill is not constitutional,” he said. “It is a content-based restriction on free speech. … It is hopelessly and unconstitutionally vague. … It’s not a well thought out bill and is an invitation to litigation.”
Lyla Mahmoud, of ACLU Utah, told the Senate committee that the bill may result in people feeling their free speech is being suspended due to not being able to hold a public event because of the worry it may be labeled as inappropriate. This too may lead to litigation, she said.
“Litigation is the threat people use for legislation people don’t like,” Jack said in his call to St. George News, and reiterated that he felt the bill “was on the right side of the First Amendment.”
Groups and individuals spoke in favor of the bill on Monday, including the Utah Eagle Forum, Utah Parents United and the Washington County Republican Women. Leeds Mayor Bill Hoster and St. George City Councilwoman Michelle Tanner also lent their voices in support of HB 329.
“It’s a very simple bill,” said Tanner, likening the bill to existing state law that requires coverings to be put over provocative magazine covers found in supermarket checkout lines. “We know it is harmful to children when they are exposed to certain adult behaviors and adult content. … We really, really need to put children first.”
Hoster, who participated in the hearing via Zoom, said he felt it was a stretch for those opposed to the bill to say what HB 329 aims to accomplish is a violation of the First Amendment.
“The accountability to protect children in public spaces is government’s No. 1 responsibility,” Hoster said. “I really stand strong behind that. And I believe it is the responsibility of the applicant to the city to provide the honest content of what their permit is for. Cities need to be able to get that information and have teeth to do it.”
After passing Monday’s Senate committee, the bill goes to the Senate. With the Legislature in its final week, it has until Friday to be heard on the Senate floor and voted on.
HB 329 has its origins in the aftermath of the public uproar that occurred last summer in St. George over the HBO “We’re Here” drag show, Jack told St. George News.
Part of the issues surrounding the drag show concerned where it took place – namely Town Square Park in St. George. It is a public area frequented by families of all ages and wasn’t considered an appropriate venue for a drag show by the majority of the St. George City Council despite it ultimately taking place there.
Southern Utah Reps. Walt Brooks, Neil Walter, Joseph Elison and Rix Shipp each voted in favor of HB 329 and are listed as cosponsors of the bill. Vicker, who sits on the Senate Government Operations and Political Subdivisions Committee, was among the three to vote for the bill Monday and sent it to the Senate floor for consideration.
Check out all of St. George News’ coverage of the 2023 Utah Legislature here.
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