ST. GEORGE — A U.S. District judge has granted a motion to drag show organizers to hold an event in St. George that was originally approved by the city and then later denied. These actions ultimately led to a federal lawsuit being filed against the city.
The lawsuit, filed last month by Southern Utah Drag Stars, Mitski Avalox and the American Civil Liberties Union, accuses the city of discrimination for denying a permit for an all-ages drag show set to be held in a city-owned park in April.
The lawsuit alleges the denial is a violation of the First Amendment and is the latest in a series of allegations regarding the city’s apparent discrimination against the LGBTQ-plus community.
“Public spaces are public spaces. Public spaces are not private spaces,” U.S. District Judge David Nuffer wrote in his decision, which was issued late Friday evening. “Public spaces are not majority spaces. 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 previously applied for a special event permit from the city of St. George to hold a drag show on April 28 at J.C. Park. The permit was granted and later denied by the city due to organizers violating an advertising rule.
Previously noting the issues the city has had with its special events process, the City Council enacted a six-month moratorium on the approval of new events to be held on public property in early March. The six-month period is meant to be used by city staff as a time to study the impact that the city’s near-constant special events have on the local community and infrastructure.
City code related to special events states that organizers can not advertise their events prior to being issued a permit. However, council members and staff have acknowledged in prior meetings that many city-approved events have been able to advertise without restriction before receiving the actual permit.
Nuffer noted in his ruling that Avalox had gained verbal permission from city staff to move ahead with advertising the event while the permit was being processed and that the city “never gave any indication to Plaintiffs that there were any issues with the Drag Stars Permit before abruptly denying the permit based on the Advertising Prohibition.”
As a part of the lawsuit, drag show organizers asked that an injunction on the city’s denial of the event be granted and that the city of St. George be made to allow the drag show to proceed.
Nuffer granted the request Friday and has ordered St. George’s civic leaders to allow Southern Utah Drag Stars to allow the event on June 30, either at J.C. Park or the Dixie Sunbowl. The city also cannot enforce its advertising restrictions or introduce a special event moratorium against the drag show event organizers.
The judge further ruled that the city and event organizers “shall meet, confer, and by July 31, 2023 file an attorney’s meeting planning report and submit a proposed scheduling order for resolution of the issues presented in the case.”
The city of St. George issued a statement late Friday following the release of the judge’s ruling.
“The City of St. George is committed to ensuring that our public parks and facilities remain viable and open to our residents as well as for those who may want to hold one of the many special events in our community. Our intent is always to follow the law both when we enact laws and when we enforce laws, and we will continue to do so. We have read Judge Nuffer’s opinion and while we are disappointed in the result, we are currently evaluating our options in light of the ruling.”
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