Case: Friends of George's, Inc. v. Mulroy

2:23-cv-02176 | U.S. District Court for the Western District of Tennessee

Filed Date: March 30, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2022, Jackson Pride attempted to hold a family-friendly drag show in a public park, but the organizers were forced to move the show indoors and set age restrictions due to a lawsuit from Tennessee State Representative Chris Todd, where he stated that the performance was child abuse and that drag should be “nonexistent” in his community. In response, Todd introduced a bill to the Tennessee legislature banning “adult cabaret performance[s]” in front of minors, which he stated was intended to c…

In 2022, Jackson Pride attempted to hold a family-friendly drag show in a public park, but the organizers were forced to move the show indoors and set age restrictions due to a lawsuit from Tennessee State Representative Chris Todd, where he stated that the performance was child abuse and that drag should be “nonexistent” in his community. In response, Todd introduced a bill to the Tennessee legislature banning “adult cabaret performance[s]” in front of minors, which he stated was intended to cover conduct like that which he “dealt with in [his] own community this past year,” referring to the drag show. On February 27, 2023, Tennessee’s governor signed House Bill 0009 into law, which made it a criminal offense to perform “adult cabaret entertainment” on public property or in a location that could be viewed by minors. (T.C.A. § 7-51-1407). The law defined “adult cabaret entertainment” to mean “adult-oriented performances that are harmful to minors,” including “male or female impersonators.” (T.C.A. § 7-51-1401). “Harmful to minors” was defined as content that the average person would find “to appeal predominantly to prurient, shameful or morbid interests of minors,” is “patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors” and lacks literary, artistic, political or scientific values for minors.

In late March of 2023, Friends of George's, a theater company from Memphis, Tennessee, filed two suits in the U.S. District Court for the Western District of Tennessee to strike down the state's ban on drag performances. The first, filed on March 27, named the state and the Tennessee Attorney General, Jonathan Skrmetti, as defendants. The plaintiff additionally filed suit on March 30 against the District Attorney of Shelby County, Steven J. Mulroy. (While the cases were not formally consolidated until April 6, the court's decisions prior to that consolidation applied to the pair of cases together.) The law, which was set to take effect on April 1, 2023, had caused multiple LGBTQ+ organizations to cancel drag performances because of risks to their performers. The plaintiff sued under 42 U.S.C. § 1983 alleging that the law violated the First and Fourteenth Amendments. Specifically, the plaintiff argued that the ban was a speaker-based restriction subject to strict scrutiny and that the statute was vague, thus having the effect of chilling constitutionally protected speech. The plaintiff requested a temporary restraining order (TRO), a preliminary injunction, and attorneys' fees. The case was assigned to District Judge Thomas L. Parker.

On the same day as filing, the plaintiff moved for a TRO. The defendants countered that the plaintiff lacked standing to bring the suit and that the statute was a narrowly tailored, content-neutral restriction that should be subject to intermediate scrutiny, but the defendant consented to the TRO. As such, on March 31, 2023, the court granted the TRO. The court held that the plaintiff had standing because they had suffered the actual, concrete, and particularized injury of reasonable fear of criminal prosecution under the statute if they continue with their scheduled show in April 2023 without adding an age restriction. While causation and redressability was a closer question because of the lack of enforcement delegated in the statute, the court held that the unclear nature of enforcement chilled the plaintiff’s speech and should not stop the suit from going forward. For the TRO, the court held that there were three scenarios on which the plaintiff were likely to succeed on the merits. First, the court held that the statute was likely content-based, and therefore subject to strict scrutiny, because it targeted certain types of performances. Second, the court held that if the law was not facially content-based, then it may be a facially content-neutral regulation adopted because of “disagreement with the message” of the speech, which Representative Todd implied in his speech introducing the Bill recounting how he forced Jackson Pride to move indoors and apply age restrictions. If the law was adopted because of disagreement with the message, then it would also be subject to strict scrutiny, which it would likely fail. Third, the court held that the statute was likely vague and overbroad because the statute seems to limit drag performances everywhere, including private homes. The court held that the plaintiff proved irreparable harm because plaintiff faced criminal penalties or the chilling of their speech and that there was no substantial harm to the public in granting the TRO. Therefore, the court granted a TRO to stop the defendants from enforcing the statute. 2023 WL 2755238.

On April 6, 2023, the court formally consolidated the two cases because they shared common questions of fact and law. Additionally, the court acknowledged the defendants' consent to an extension of the TRO until May 26, 2023, and thus extended the TRO.

After the parties agreed to consolidate the preliminary injunction hearing with a trial on the merits, the court held a bench trial on May 22-23, 2023. After trial, on June 2, 2023, it issued its findings of fact and conclusions of law.  It held that, despite the state's compelling interest in protecting the psychological and physical wellbeing of children, the Act was an unconstitutional restriction on freedom of speech. Finding that plaintiff had standing to bring this lawsuit, the court applied strict scrutiny to assess the constitutionality of the Act.  Under that analysis, it concluded that the Act was not narrowly tailored to the state's interest in protecting minors, citing the Act's lack of affirmative defenses, silence on a scienter requirement, novel punitive scheme, and overbroad geographical scope.  It further held that the Act was unconstitutionally vague and substantially broad, failed to provide fair notice of prohibited conduct, encouraged discriminatory enforcement, and chilled "a large amount of speech." The court therefore declared the Act an unconstitutional restriction on speech and permanently enjoined its enforcement within the defendant's jurisdiction of Shelby County, Tennessee.  2023 WL 3790583.  On June 7, 2023, the court entered judgment in favor of the plaintiffs.  

District Attorney Mulroy filed an appeal of the district court's decision to the United States Court of Appeals for the Sixth Circuit on June 30, 2023. The case was assigned to a circuit judge panel of Danny J. Boggs, Alice M. Batchelder, and Julia Smith Gibbons. The defendants sought to appeal the district court's finding that the Adult Entertainment Act was adopted for an impermissible purpose. Several attorneys general of states with similar legislation filed an amicus brief in support of defendants on August 29, 2023. A local non-profit organization that advances the interest of LGBTQ+ people and a drag performer sought to intervene on September 8, 2023, after the Blount County District Attorney threatened to prosecute them if they followed through with their summer 2023 Pride festival. The intervenors then successfully obtained a temporary restraining order against a potential prosecution from the United States District Court for the Eastern District of Tennessee. 2023 WL 5662871. The Sixth Circuit granted the motion to intervene on September 15, 2023, the grounds of permissive intervention (rather than by right, because the district court's declaratory judgment applied only to Shelby County, the intervenors lacked standing).

This case is ongoing, pending the defendants' appeal. 

Summary Authors

Sophia Weaver (4/4/2023)

Simran Takhar (6/5/2023)

Hannah Juge (12/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67108622/parties/friends-of-georges-inc-v-steven-j-mulroy/


Judge(s)
Attorney for Plaintiff

Brown, Jacob Webster (Tennessee)

Edgington, Craig A. (Tennessee)

Attorney for Defendant

Gilbert, Alicia Renee (Tennessee)

Griffin, Steven James (Tennessee)

Expert/Monitor/Master/Other

Hamilton, Gene (Tennessee)

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Documents in the Clearinghouse

Document
1

2:23-cv-02176

Complaint

Friends of Georges, Inc. v. Mulroy

March 30, 2023

March 30, 2023

Complaint
14

2:23-cv-02176

Order Granting Temporary Restraining Order

March 31, 2023

March 31, 2023

Order/Opinion

2023 WL 2023

31

2:23-cv-02163

Order Extending Temporary Restraining Order and Consolidating Classes

April 6, 2023

April 6, 2023

Order/Opinion
91

2:23-cv-02163

Findings of Fact and Conclusions of Law

June 2, 2023

June 2, 2023

Order/Opinion

2023 WL 2023

92

2:23-cv-02163

Judgment

June 7, 2023

June 7, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67108622/friends-of-georges-inc-v-steven-j-mulroy/

Last updated March 10, 2024, 4:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Steven J. Mulroy (Filing fee $ 402 receipt number BTNWDC-4109901), filed by Friends of Georges, Inc.. (Attachments: # 1 Exhibit Exhibit A: Complaint in Madison Co. Chancery Court)(Timmons, Brice) (Entered: 03/30/2023)

1 Exhibit Exhibit A: Complaint in Madison Co. Chancery Court

View on RECAP

March 30, 2023

March 30, 2023

Clearinghouse

Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge

March 30, 2023

March 30, 2023

PACER

Notice LR 16.2

March 30, 2023

March 30, 2023

PACER

ADR Compliance

March 30, 2023

March 30, 2023

PACER

Add and Terminate Judges

March 30, 2023

March 30, 2023

PACER
2

NOTICE by Friends of Georges, Inc. re 1 Complaint (Attachments: # 1 Summons Summons to Steven J. Mulroy, # 2 Civil Cover Sheet Civil Cover Sheet)(Timmons, Brice) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
3

MOTION for Preliminary Injunction and, MOTION for Temporary Restraining Order by Friends of Georges, Inc.. (Timmons, Brice) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

RECAP
4

Judge Thomas L. Parker and Chief Magistrate Judge Tu M. Pham added. (agj) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
5

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (agj) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
6

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
7

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
8

Summons Issued as to Steven J. Mulroy. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
9

NOTICE of Appearance by Melissa Stewart on behalf of Friends of Georges, Inc. (Stewart, Melissa) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
10

NOTICE by Friends of Georges, Inc. Notices of Declarations (Attachments: # 1 Exhibit Declaration of Melissa j. Stewart, # 2 Exhibit Declaration of Mystie-Elizbthe Watson, # 3 Exhibit Declaration of Vanessa Rodley)(Stewart, Melissa) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
11

NOTICE by Friends of Georges, Inc. re 10 Notice (Other) Amended Notice of Declaration (Attachments: # 1 Exhibit Declaration of Melissa J. Stewart, # 2 Exhibit Declaration of Mystie-Elizabthe Watson, # 3 Exhibit Declaration of Vanessa Rodley)(Stewart, Melissa) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
12

SUMMONS Returned Executed by Friends of Georges, Inc. as to Steven J. Mulroy. (Timmons, Brice) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
13

Minute Entry for proceedings held before Judge Thomas L. Parker: Oral Argument on the Motion for Temporary Restraining Order and Preliminary Injunction 3 was heard on 3/30/2023. Brice M. Timmons and Melissa Stewart appeared for the plaintiff(s). Steven J. Mulroy, James R. Newsom, III, Steven J. Griffin and Robert W. Wilson appeared for defendants. After hearing argument from all parties, the court took the matter under advisement and will enter a written order upon ruling. (Court Reporter: Candace Covey) (smm) (Entered: 03/31/2023)

March 30, 2023

March 30, 2023

PACER
14

ORDER GRANTING TEMPORARY RESTRAINING ORDER. Signed by Judge Thomas L. Parker on 3/31/2023. (jdgc) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

Clearinghouse

Motion Hearing

March 31, 2023

March 31, 2023

PACER
15

NOTICE of Appearance by James R. Newsom, III on behalf of Steven J. Mulroy (Newsom, James) (Entered: 04/01/2023)

April 1, 2023

April 1, 2023

RECAP
16

NOTICE of Appearance by Robert W. Wilson on behalf of Steven J. Mulroy (Wilson, Robert) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

RECAP

Setting Letter - Teams

April 3, 2023

April 3, 2023

PACER
17

TEXT NOTICE SETTING STATUS CONFERENCE: (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): A Status Conference, to discuss scheduling, has been set for Wednesday, April 5, 2023 at 2:30 PM. via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions. (smm) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
18

NOTICE of Appearance by Steven James Griffin on behalf of Steven J. Mulroy (Griffin, Steven) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

RECAP
19

Minute Entry for proceedings held before Judge Thomas L. Parker: A Status Conference, to discuss scheduling was held via Microsoft Teams Video Conference on 4/5/2023. Brice M. Timmons, Melissa Stewart and Craig A. Edington appeared for the plaintiff(s). James R. Newsom, III, Steven J. Griffin and Robert W. Wilson appeared for defendants. Counsel for defendant(s) consents to extending the Temporary Restraining Order to Friday, May 26, 2023. Plaintiff to submit their brief by close of business on Friday, April 14, 2023. Defendant(s) to file their response by close of business on Friday, April 28, 2023. Plaintiff to file their sur-reply by close of business on Friday, May 5, 2023. Defendant(s) to file their sur-reply by close of business on Friday, May 12, 2023. Initial brief(s) shall not exceed 35 pages, replies and sur-replies shall not exceed 10 pages. Discovery cut-off/deadline is Friday, April 28, 2023. The court set a Preliminary Injunction Hearing/Trial for Monday, May 22, 2023 at 9:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. Written Order to be entered. (Court Reporter: Candace Covey) (smm) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER

~Util - Set Hearings AND Status Conference

April 5, 2023

April 5, 2023

PACER
20

NOTICE SETTING TRIAL/HEARING ON PETITION FOR PRELIMINARY INJUNCTION: A Trial/Preliminary Injunction Hearing has been set for Monday, May 22, 2023 at 9:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (smm) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

RECAP
21

SCHEDULING ORDER. Signed by Judge Thomas L. Parker on 4/6/2023. (jdgc) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
22

ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND CONSOLIDATING CASES. Signed by Judge Thomas L. Parker on 4/6/2023. (Parker, Thomas) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

RECAP
23

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3-30-23 before Judge Thomas L. Parker. Court Reporter Candace S. Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 4/17/2023. Redaction Request due 5/3/2023. Release of Transcript Restriction set for 7/11/2023. Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Covey, Candace) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
24

NOTICE of Appearance by Jessica Lyn Indingaro on behalf of Steven J. Mulroy Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Indingaro, Jessica) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

RECAP
25

OOPS - Document uploaded in error. (jdgc) Modified on 4/20/2023 (Parker, Thomas). (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
26

NOTICE of Appearance by Jacob Webster Brown on behalf of Friends of Georges, Inc. Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Brown, Jacob) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
27

Notice of Correction to (26 in 2:23-cv-02176-TLP-tmp) Notice of Appearance . Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Brown, Jacob) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
28

NOTICE by Friends of Georges, Inc. re (45 in 2:23-cv-02163-TLP-tmp) Notice of Voluntary Dismissal Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Brown, Jacob) (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

PACER
29

TRIAL BRIEF in Support of Preliminary Injunction by Steven J. Mulroy. Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Indingaro, Jessica) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
30

OOPS document not attached, order refiled under ECF No. 60 with document attached. Modified on 5/2/2023 (jdgc). (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion to Intervene

May 2, 2023

May 2, 2023

PACER
31

NOTICE of Appearance by Sara Katherine McKinney on behalf of Friends of Georges, Inc. Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(McKinney, Sara) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
32

Letter from concerned citizen, Luann Nicosia (Attachments: # 1 envelope) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/16/2023)

1 envelope

View on PACER

May 15, 2023

May 15, 2023

RECAP
33

Letter from Jo Ann Barone (Attachments: # 1 envelope) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/19/2023)

May 18, 2023

May 18, 2023

PACER
34

Letter from Lu Ann Adler (Attachments: # 1 envelope) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/19/2023)

May 18, 2023

May 18, 2023

PACER
35

Letter from Mary Singer (Attachments: # 1 envelope) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/22/2023)

May 19, 2023

May 19, 2023

PACER
36

Letter from Jane Ziesmer Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/22/2023)

May 19, 2023

May 19, 2023

PACER
37

Letters from concerned citizens (Attachments: # 1 letter, # 2 letter, # 3 letter, # 4 letter, # 5 letter, # 6 letter, # 7 letter, # 8 letter, # 9 letter, # 10 letter, # 11 letter, # 12 letter, # 13 letter, # 14 letter, # 15 letter) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/22/2023)

May 19, 2023

May 19, 2023

PACER
38

Letter from concerned citizens (Attachments: # 1 letter, # 2 letter, # 3 letter) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/25/2023)

1 letter

View on PACER

2 letter

View on PACER

3 letter

View on PACER

May 24, 2023

May 24, 2023

RECAP
39

Letter from concerned citizens (Attachments: # 1 second letter) Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(jae) (Entered: 05/26/2023)

May 25, 2023

May 25, 2023

PACER
40

MOTION for Leave to File Amended Proposed Findings of Fact by Friends of Georges, Inc.. (Attachments: # (1) Exhibit Amended Proposed Findings of Fact and conclusions of Law)Associated Cases: 2:23-cv-02163-TLP-tmp, 2:23-cv-02176-TLP-tmp(Brown, Jacob)

1 Exhibit Amended Proposed Findings of Fact and conclusions of Law

View on RECAP

May 27, 2023

May 27, 2023

RECAP
41

NOTICE OF APPEAL as to (91 in 2:23-cv-02163-TLP-tmp) Order, (92 in 2:23-cv-02163-TLP-tmp) Order by Steven J. Mulroy. Filing fee $ 505, receipt number TNWDC-4177731. (Rice, James)

June 30, 2023

June 30, 2023

RECAP
42

TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. (Re: DE[23]; Release date 7/11/2023) (btg)

July 3, 2023

July 3, 2023

PACER

Transcript Release Notice

July 3, 2023

July 3, 2023

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: March 30, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit theater company in Memphis, TN that performs drag shows.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Shelby County District Attorney's Office (Shelby), County

State of Tennessee, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2023 - None

Content of Injunction:

Preliminary relief granted

Issues

LGBTQ+:

LGBTQ+

Drag Show Bans

Discrimination-basis:

Gender identity

Sexual orientation