NC obscenity bill progresses despite criticism that it bans drag shows and is too sweeping
A Republican bill with penalties for certain racy entertainment faced criticism Wednesday that it is “overly broad” and targets drag shows.
A version of the bill, solely including a ban on distributing in the presence of a minor what is classified in law as obscenity, passed the Senate in early May.
The House version unveiled Wednesday would create new penalties for engaging in what is described in law as “adult live entertainment” on public property, in the presence of a person under 18, and for spending public funds for adult live entertainment. It also would create a new offense for sexual contact with a minor.
Adult live entertainment is defined in state law as any performance with people that exhibits sexual activities and features anatomical areas “less than completely and opaquely covered.” Obscenity is defined as presenting “obscene play, dance or other performance” and more.
Sen. Buck Newton, a bill sponsor from Greene County, said that the bill “is a simple, clean way to get the attention of the public as well as our prosecutors that they are empowered to deal with” obscenity.
As an example of what the bill would address, Rep. Jeff Zenger referenced a case in his district in which a dancer in drag gave a lap dance to a teenage student at Forsyth Technical Community College. The school has students as young as 14
Rep. Deb Butler, a Wilmington Democrat, questioned whether the bill would prohibit theaters, such as Wilmington’s historic Thalian Hall, from depicting “nudity” or other “explicit” acts.
“I’m concerned that this is designed to target specific individuals. I’ve heard it said this is specifically targeting drag performances. I just fear that we are being overly broad and we don’t want to engage the morality police to this degree ... How do we separate the art from what someone else’s definition of morality might be?”
This could also lead to people being charged at the Durham Beaver Queen Pageant, a family event to raise money for wetlands that thousands attend yearly, said Rep. Marcia Morey, a Durham Democrat.
The bill passed the committee and now moves to the rules committee, where bills often go before heading to the floor for a vote. If passed by the House, the new version would need to be agreed upon by both chambers.
If passed into law, the bill would become effective in December.
