City, County & Local Affairs Committee - Senate
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Bills discussed (1)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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SB43
Act 131
· 2 mentions in agenda, chapter
Matched: “…r Sen. Joshua Bryant REGULAR AGENDA Number Sponsor Subtitle SB43 G. TO CLASSIFY A DRAG PERFORMANCE AS AN ADULT-ORIENTED BUSI…”
|
TO ADD CERTAIN RESTRICTIONS TO AN ADULT-ORIENTED PERFORMANCE; AND TO DEFINE AN ADULT-ORIENTED PERFORMANCE. | G. Stubblefield | Notification that SB43 is now Act 131 |
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Not all make it back which you would ever know one session sometime how long we're going to be in this was set for or adjournment of Senate session and he'd been absent for funeral will be however make back so I'll be cheering today welcome Committee this first meeting that we've had and appreciate the members it had chosen to be on this committee. Hello we have not had organization meeting on German Flippo will do that with the the different ones that normally
represent here in city county local the only order of business we have today Senate bill forty three Senator Stubblefield I believe you've got amendment if you'll go to the end of the table. Okay we have an amendment to Adam co sponsored members you have that in your back and I have a motion to to add to that to Senate bill forty three. I have a motion and a second. Motion is second all in favor aye.
Okay your bill is amended for use around the end of the table will allow you to present. It members we do have we picked up the the sign up sheet we do have a for and against to speak and be thinking about the. we would just ask as we do in any committee be assisting because if you can with your deals trying not to go over the same thing over and over but the thing about that for time will
try to get everybody we've got signed up on the list from what we see so far and we appreciate to media be here when I asked you not get any of closure of members than you are now will be fine Senator Stubblefield you are recognized to present Senate bill forty three. Thank you Mr chairman it thank you Committee. I'm sure most if you've gotten some emails on this bill the
last few weeks you may know more about it than I do but. I've done a lot of research on this to talk to several people and I even did a poll in my own. Senate district in I've never done a poll where they all come out a hundred percent this one came out a hundred percent. Let me let me tell you something I found out scaring our children stealing or Anderson's by the way it is their innocence when you're young like this.
Creating addictive they're torturing putting children in situations like this is a violation of personal boundaries it confuses a child about their own identity body. And on top of these individuals try to trivialize this. And I've had this said to me travel this by telling you that this is a wholesome and family oriented entertainment. Are you today I have seen more and experience more. And most of them the has
accepted this as absolute truths there's truth there's two truths in this world today one is absolute. And the others relative. These little kids when they see things like this. They set this is absolute truth and the questions it. Thank you to David Spurgeon Board the ugliness of society six. And it has become a hidden burden in their lives sometimes they have of.
They're stripped. Away that they've had this the innocence stripped away from their childhood this world is never Miller site placed. Four children. Our secure place for children and the ultimate tragedy is that these innocent children. Those who most deserve to be protected to become fair game. I also believe that those of us who are parents and grandparents have witnessed so much craziness
over the past few years that our consciousness as Bendis sensitized. Do we have lowered to what we allow in the previous issue to go unnoticed we know what's from what we've seen so much it hurts so much over the past few years that we just pushes aside we brush it aside we can't do that because our kids and our grandkids March St care. Ran into a lady now uses
yesterday when I was speaking out in the rotunda lady from California and moved here. And I Hester she moved to the river valley I ask her why she and her husband decided to move here they said because we looked at all the states Arkansas was one of the states that have the most common sense and the most morality. So it's not always jobs in education. And safety the causes people to move to other states sometimes
it's morality and what we allowed to go in the state. I'm not going to drag this out this bill if the those of you and I know you've already. This bill has some criteria in it that has to be met all these criteria have a hand behind them in order for this bill to be effective you have to break every one of these. And the last one in that list and it toward by the way is a
legal term tell period interest. That that word period interest being to accept is excessive interest in sexual matters. That is in the bill itself let me just finish up by reading you. The testimony. Of a drag queen that made this statement about a year and a half ago. To listen very carefully because this came from this coming from a a man who's to drag queen.
I have no idea why you won't drag queens to read books to your children I have no idea. What in the heck is a drag queen ever done. To make you have so much respect for them and admire them other than a put on make up jump up on the floor rob around into sexual things on stage. I have absolutely no idea why you would want to inflict your child. Would you want a stripper or
porn to include your child makes no sense at all. These are not my words this is testimony of a person is drag queen. But drag queen performs and not and not close for adults they don't all do that but this this late here to us there's a lot of field that goes on a lot of sexual stuff that goes on in backstage there's a lot of nudity Love sexual other drugs so don't think this is. An Avenue you would want your child to explore.
They could explore dressing up at home like we did all like gave boards did we all dressed up at home and had a great time we had a great time with our girlfriends putting on make up trying on clothes things like that but to actually get them involved in drag is extremely. Extremely irresponsible on your part. And I understand that you might want to look like you are with
that that you're cool let your woke. But you're not and not see that you're not a homophobe however what it may be you can raise your child to be a normal regular everyday child without including them and get a. Sexual. Thanks and honestly. You're doing the gay community a committee you're not doing the gay community any favors in fact you're hurting is.
We've already had a reputation of being peta files being perverts and deviants we don't need you to bring your children around. So you should keep your kids at home take them to Disney land take them to Chucky cheese. But if you need your child to be entertained by a big Hillman in a costume or make them take them to the server then taken to the circus or something. When they turn eighteen if you so desire you can take them to close.
On their birthday because it's an adult thing okay so don't run your child's life it don't run us because of what you're doing. Mister chairman I'm closed. Okay or other questions from the committee. Senator Rapert you're recognized for a question future microphone. Thank you Mr chair.
Senator Stubblefield of that word for it right. I've heard that that is hard to define. In a court of law and the best definition is given to me was you'll know it when you see it. How or how or prosecutors. It in our local jurisdictions how will they judge that. Whenever they look to bring a case against an individual that violates this will that work sure it is a legal term in another cell. So I don't think the prosecutors
will have any trouble you know defining what period meetings they deal with that word all the time because like I said it's a legal term it shows excessive interest in sexual matters at fort means. So I don't think there's going to be a discrepancy when it comes to to the defining the word period. Senator Hammer you're recognized. Thank you Mr chairman Senator Stubblefield as one make sure I'm interpreting the bill right you're not denying them the
opportunity to. Participate in this activity in a location you're just classifying the location where they can be established is that correct that's correct but let me add to that Senator Hammer I have gotten emails of of. From people who say I'm just shutting down Shakespearean plays that's not true. Because they would have to violate each one of these. Including the period.
In order for them to qualify to be charged with a criminal crime that would have to because all these all these qualifications have an after them if you read the bill. So a lot of things a lot of these things that are being put out are not true as to what this bill actually does but it does keep children. Away from this kind of activity. What can stay with him most do you remember. You know when I was three or four I can still remember thank
you to the I knew were wrong it's stuck out in my mind and they still stick with me today. Iman and I'm older than most to be. And a lot of these mix up kids is force gender identity and and other issues. We don't really know how to fix these kids to see the same point little like that so no this this will not stop checks during. Or any other kind of shows like
that as long as they stay within the guidelines of what this bill lays out because all these words are connected with the ward and they would have to violate each one of these criteria in order for this bill to kick it. Follow up Mr. So in a text message I got from someone says for example for example to see. Recurrently plant Robinson theatre Peter Pan is often played by a woman and even hot springs local Michelle Crandall's Charlie Chaplin impersonation a community favorite with this bill in any way shape or form and I know there may be differences of
opinion in the room but in your opinion would this adversely affect the ability for those things to continue no. On the basis of the last thing that you said that with the legal. A word smithing that was mentioned. Was a legal word of period yes Sir yes okay that would have to be one of the things that they violate in order for these others to care okay one last question is a word salacious used anywhere in this because or
if you use that word in presenting this anywhere because also the message I received indicated that the ward salacious was in the content of this bill and I don't find it and I just wanted to clarify whether or not relations is not in the okay thank you thing Mr. Thank you any more questions from the committee. If not we have a sign up sheet ask the first one signed up is
election day people come to the end of the table. Chair of the. Hello my phone. It to you pusher. But. Recognize you speak. Thank you good morning my name is Jason day and I'm here today to speak against passed be forty two as I read the language I'm extremely alarmed. I'm concerned about how this bill is a violation of first amendment rights how can this bill help anyone in Arkansas and and do you committee members understand how this is truly a
harm to the LGBTQI community. Let's get real. This bill may be advertised as an attack against drag queens but the definitions in this bill make it very clear that the true target is the trans community. In this bill drag as defined as a performance in clothing that is not congruent with the where's agenda therefore preventing any trans people from accessing public venues as themselves it may not be known to the committee members for the trans community and drag queens
that always been the vanguard for the gay community and gay rights to attack either it's an attack against us all. This bill is not about lewd performances dress or behavior if so Hooters would be shut down. So proposed a productive members were not why I wanna being interrupted hold up.
These rules chair right now. For the audience one salad two phones we're not gonna have any this is a committee meeting we don't have Clause far against rival have clapping a heavy that some of you have a problem with that take it outside. Excuse me for interrupting you're recognized thank you why do committee members want to attack small businesses do committee members understand the consequences of this bill will performing arts school like the one that I work at be able to have plays your definition of
Peru and is too vague you're leaving it up to prosecutors in what is prudent to one might be different to the other and unfortunately you keep claiming that this is some legal definition but I cannot find a systemic checklist of things that have to be acquired in order for that definition to be met. We would not be able to perform stellar dramas without make up on boys or pants on girls we just recently last year did a play called Matilda where we had to have a student dresses structured to transport.
How are transit people expected to walk down the street or eat at their local restaurants. This bill endangers trans people especially trans youth who are four times more likely to commit suicide than their peers I am a survivor of suicide because of the white men in this room that made this state such a hostile environment to what I had to grown to the point of order what is your point of order Senator Hammer my point of order is city is characterizations of the individuals in this room is a direct assault that is outside
the boundaries of what this bill is about and I wanted noted that the characterization that he just meant for that he just stated is a false accusation without any ability to substantiate it thank you Mr take your point of order Sir I state you basis thinking what you're saying. Keep it within the bounds if you think you can do that and I'll let you to Percy yes Sir thank you. The bill endangers transmittal
specially trans youth who are four times more likely to commit suicide than their peers I am a survivor of suicide I attempted suicide several times whenever I was younger because of the hostile environment the Arkansas poses to LGBTQ plus people. Should this bill pass are you prepared for the amount of good trouble. That could happen. If I got to Walmart. And danced in a Dolly Parton outfit and lip sync to nine to five are you ready to go after the Waltons. Think about it.
Arkansas is ranked forty seventh in education forty eighth and child mortality however ranks second. In the nation for child hunger. Yes. Senators and house members of Arkansas spend their time attacking marginalized communities and if it was not clear from the past that you all grew up in we are here we are clear get used to it.
I'm done. Thank you for your testimony. Next up we have a speak for your call to family council you live within the table recognize yourself when you're with. You're recognized. Thank you Mr chair and members of the committee my remarks will be very brief.
The first of all it's important to actually read the bill as I know you have and I'd like to just point out that this bill deals with minors and what happens to minors. You have we we full authority and I would say a responsibility to pass any kind of low necessary to protect miners these are children and so we're not talking about the relief the focus being on adults we're talking about what's best for
children and we have a different standard for that we always have we always should. The other thing is you have full authority to regulate and define what is an adult oriented business that's what laws do so you have full authority to define what and you've done that in the bill which is good. You have authority to define and regulate what happens on public property. And again we all should do that and I'm grateful that this bill addresses that.
You have the authority to define what a drag performance he is or is not and this bill does that. And then finally when talking about the prudent interest that's in every obscenity law in the country. That's in all the laws that are dealing with material harmful to minors the US Supreme Court established that as part of a test me in many years ago in defining what is obscenity so I
think the courts know full well how to deal with that word because it's been in court rulings and been in the code for years and years throughout this country and so it's appropriate that it would be in such a bill so I'm glad to sit here and say well done this is a good bill and we need to pass it and we support it fully man I'll be glad Mr chair to entertain any questions. With any questions for this witness. Thank you for okay here thank
you Mr chairman thank you members of the committee. Next up we have Ali Dixon If you come forward. You will acknowledge to your new year with you're recognized testify. Good morning Mr chairman members of committee Senator Stubblefield my name is Holly
Dickson my pronouns are she her and service the executive director of the ACLU of Arkansas I am a licensed attorney in this state in a lifelong or Kansan. The Arkansas civil liberties union was established in nineteen sixty nine to protect the civil rights and civil liberties guaranteed to all our Kansans by the US in Arkansas constitutions and civil rights laws in their ACLU members across this state and across the country. On behalf of those members an organization we ask that you
vote no on SB forty three. We are very concerned that the language of the bill violates not only the first amendment but also the equal protection clause of the Fourteenth Amendment among other legal issues with the bill. The bill has it has been discussed some want would revise Arkansas law to treat all drag performances as an adult oriented business placing brunch with drag queens or drag queen
story hours or drag queen reading a book with the same restrictions as a peep show a strip club or other clearly adults sexually oriented businesses in this state. As you know the first amendment protects Americans and our Kansans from government limits on our freedom of expression including how we express our agenda. Drag queens have the right to read books.
Arkansas families have a first amendment right to attend these events and performers and business owners have a right to offer them. It is parents who have the constitutional right to control the religious and moral upbringing of their children not of government not of the schools that is a constitutionally established right of families.
Regardless of how you may consider drag or what you know about drag performances it is a form of creative expression. Like any other form of creative expression and it is protected by the US and Arkansas constitution's. And under this bill any place public or private where there is any type of performance by drag queen. Would be relegated. To an adult sexually oriented
business with potential civil and criminal. Entities. This could force private businesses to have to close or move. Not only does the bill redefines drag as some sort of obscenity. And under the language it can also affect all transgender our Kansans.
Under the language of the bill it seems there could be no place for a trans person. Who expresses their gender identity different from their sex assigned at birth to be allowed to perform in anyway karaoke poetry reading church choir school play pride event miss gay America pageant. And other forms of artistic and free expression that are protected by the first amendment. The language of this bill is so
broad that it sweeps any public or private place into this regulations so one's own home would be subject to the restrictions of this bill. There are. Many legal problems with this bill and we're always happy to work with members to try to revise bills. There are flaws in this bill that are simply fatal. The most fatal feature of this bill is that it targets the L.
G. B. T. Q. community. That's an equal protection problem. And it's the same flaw that we've seen and similar legislation that has been blocked by the courts where there was a ban on same sex couple's fostering children or fostering and adopting children or on marriage equality or the trans health care being in that passed last session they all suffer from the same flaw. And it can be easy to think
about a constitutional concern as academic. This is not academic. This affects the ferry reveal our Kansans. And it's just the latest iteration. Of the long standing tradition in this state to vilify L. G. B. T. Q. R. Kansans. It is hurtful. To these are Kansans and the people who love them. So for L. G. B. T. Q. R. Kansans
and those who love them. Past present and I dare say future. And to avoid defensiveness and our state sending. I hostile message to some of our most vulnerable. Residence we urge you to please vote no thank you. I have a question. Senator Solomon and you have a question.
Thank you Mr you mentioned earlier that this would prevent a drag queen story hour the language of the bill says that the the appropriate standard is an additional standard I'm not aware of a drag queen story hour for children that violate that part. I would agree with you but we don't know what the courts are going to say and Senator frankly that inclusion of that word in this bill creates a
constitutional word salad because per your interest is one word out of one factor of a multi factor test that was set forth by the US Supreme Court in Miller versus California in nineteen seventy three so to plug that one word out of one factor of a multi factor test and put it in this bill does not save the bill I understand but you your first response was you agree.
that that standard I'm asking very specifically you made a very specific statement that this would prevent our stop children's drag queen story hour that's just not accurate no actually it is accurate because per unit is not defined in this bill we know the purpose of the bill is to prevent such performances so it's leaving it up in the air it will have a chilling effect on that activity in free speech and they're in route.
Because the the role of the courts and the reason we have three branches of government is for the courts to make those decisions that's where the courts are there and the court will make that decision on what is per year that's not what we do is legislate tors so you have that's in my comment thank you thank you Mr there are if I may respond Mister chair. There have been other states who have attempted to define per in Arkansas law can't find a definition in Arkansas law but there again it seems that this
bill wants to equate permanent with obscenity when that's just not consistent with what Supreme Court president has been for. Almost fifty years. Senator Hammer you're recognized thank you Mr would would you side again how long ACLU's been in the state please we were founded in nineteen sixty nine Senator Hammer okay. And. Is some your comments it may be one **** question I I'm looking at the other things that are listed in here that are existing
language which would be the adult cabaret the you know the adult living entertainment establishing do you do you know if historically if a sale you was at the table trying to stop. The attempt to get this those items in the bill at the time it was passed. Senator I don't know I've been around a long time I've been with the ACLU since two thousand and six it was our legal director before becoming our
executive director may have an old file an office that would say that but I do know and that attorney John Wesley hall has litigated sexually oriented businesses an obscenity and so that existing code language regardless of how it was pastor who testified or what the make it but that would be in it has been litigated in the courts but I would hazard a guess that I feel it was probably not present at that that at the time that these laws were passed in the sixties or the seventies because
we were basically of an all volunteer organization for many years. So with the a or C. you be okay with all the other ones being listed in this building if you weren't there to fight against or fight for them we have not challenge the existing law we're here to speak on and against this bill and what this bill would include to that existing language or not object we're not here to object to existing code right but you're here state your position is that you think that
what's being added to existing language is different than those establishments that are currently allowed to exist. Under current state law is that correct yes okay thank you. Petty was it you. Your your senate two more questions from committee for this witness okay thank you for being here thank you members of
the committee next up we have believe Michael Dutcher. if you do not come up. Please state your name who you're with for the record and you're recognized to speak. Thank you my name's Michael to answer I am a resident of the state of Florida and I do business here I I own I am the CEO and executive producer of Maddie Joel and our
team and. First of all thank you for allowing me to speak to you today. I stand before you today to address the issue that is not only important for the LGBTQ plus community but for the City of Little Rock in the entire state of Arkansas as it and its economy. I'm talking about the recent of direct legislation of SB forty three that aims to ban trade shows in your state. But first let me introduce myself a little more like I said I'm from Florida on January
fourteenth of this year I celebrated twelve years of marriage so my husband rob we have two beautiful daughters age sixteen and eighteen in our eighteen year old just completed our first semester of college with honors and planning to go to dental school. Together we have built five businesses including Matt angel entertainment which owns and produces the miss gay America pageant competition for female impersonators are pageant is an entertainment in personality based competition that has franchises in twenty four states
and regions around the country including Arkansas. As many of you know drag shows have been a staple in the LGBTQ plus community for decades they provide a safe space for individuals to express themselves as well as a source of entertainment and culture for the entire community. We build leaders not only in the LGBTQ community but in communities we live in our entertainers not only perform to make people laugh the inspire people to have self confidence in everything they do.
They have raise money for charities people in communities I've been affected by disasters as we speak we have a group of entertainers at a local charity here in Little Rock helping clean and paint their facility. To make life better for those who need it homeless individuals who were either rejected or neglected by their families. Are you aware that laws like SB forty three prohibiting sos in public places not only affects those like ours it affects the
theatrical performance that assigns roles to others not matching their gender such as Broadway shows to include twenty which as you mentioned has just closed to the robins center where we are now hairspray ran south side Pacific kinky boots and Chicago. But beyond the cultural importance of drag shows they also play a vital role in your city and state economy traces bring in tourism as people travel all over to see them we bring in entertainers and dancers from across the country
approximately two hundred people on our show loan over four five day period. The event draws in about two thousand people traveling to your area to see the so we have filled hotels to capacities ET your restaurants shopping your stores use your airport your local print services and visit your Taurus attractions our company spends approximately approximately seventy thousand dollars to produce a so here. A show that has roots here since
nineteen ninety five when the so first took stage at the Robinson Center. As a matter of fact a person's skin mereka crowned in nineteen seventy two is Norma Christie who is a a little rock resident and business owner and icon in the community who also does a lot of charity work for people in your community. Trade shows are not only inherently are not inherently sexual their form of performance art and often include elements of comedy music and dance they
may include some adult themes or humor but that is no different than other forms of entertainment that are also not suitable for children such a stand up comedy musicals and most cartoons on television it is important to remember that parents are ultimately responsible for what their children are exposed to just like any other entertainment is up to parents to decide if traces are appropriate for their children and educate them on what they're exposed to in all acts aspects of life we spend a lot of time talking to our own daughters about what goes on in
the world and that's our responsibility as their parents. In short drag shows are not harmful they promote positive values that are essential for people to learn like self acceptance diversity and inclusion parents are the ultimate authority to decide if taxes are suitable for their children. However to make a blanket statement blanket law that would purview prohibit and take away fundamental right for parents to choose what is and not X. what is not acceptable for their
children I urge you to consider the economic impact of this legislation as well as a cultural personal importance of drag shows for the LGBTQ plus community but is not turn our backs on the vital part of your city's culture and economy I thank you for your time if you have any questions I would gladly answer. Thank you have a question Senator Hammer you're recognized thank you would you mind restating the last comment you just made with regard to economic impact please.
They're due to consider the economic impact of the legislation. What's or anything else beyond that was at your as well as the cultural and personal importance of drag shows for the LGBTQ community okay. and you're from Florida and you represent business is that correct that's correct okay so have you personally ever sued or. Put. Financial distress upon a business.
That may be disagreed with your position and you utilize the court system in order to either sue to put a private business out of business or create financial hardship a problem upon the private sector no. You personally or you you have grouped together the healthy LBGTQ community community and the drag queen you're you're talking about them a two as one
are you are you aware if they have ever sued private business and caused echo economic damage to a private business. I do not know people personally that have but I'm sure there have been yes okay thank you. Say no other questions thank you for your testimony thank you. Thanks to have a code black. Make your way to the in the table.
Please state your name and who you're with for the record and you're recognized to speak. Good morning gentleman thank you for letting me be here. I come here just representing myself a citizen of this great state and as a Christian. I would like to say that I categorically oppose this bill. On both of those grounds. Has been stated previously this bill is a unnecessary assault on the first amendment rights of
many of our state citizens. And in my opinion. It is an attack on their status as children of god. And the dignity and respect that that gives some inherently. Our brothers and sisters are siblings in the trans community. Do not deserve to have their very existence their expression of their identity. Made illegal.
And it seems to me and to many others that this bill is so broadly and vaguely word. That this would allow. What is functionally state sponsored prosecution of from. Persecution of the. Your end doesn't has been stated does not have a legal definition in our state. Which means that it is up to the person looking at them if
something experience. A transfers in going about their life in a public space. Minding their own business with no intent to do anything. Can be seen by another who decides that that person's parent. As for the other checklist maybe their lip sinking to what they're listening to on their your ****. That's a violation of this law if someone else decides that it is. At least as far as I can read it. I would oppose all of you. To vote against us.
At the very least this bill needs to be more firmly worded with definitions attach for these terms. Thank you for your time. Thank you not seeing any questions next up five three more signed up this year the eserver shall read. Few within the table.
Please state your name and who you're with and you're recognized to speak my name is Rochelle Britain. My pregnancy she her I am a I'm here currently representing myself though I have in the past served on the board of the Arkansas transgender equality coalition. And I am opposed to this bill because. First first first. Has happened first online only happen to be trans I I have also have to be a licensed attorney possibly the first of the first openly trans attorney in
Arkansas though I'm not a hundred percent certain. And. I'd like to echo what. To Holly Dickson just said about the definition of perjury about appropriate. It is very first all that is one word lifted out one word of one element of the three element Miller test. This. Basically pulled out of the bill under Paul pulled out of the Miller test and send the used out of context Furthermore.
If you find court definitions up for rent you. It is in the real world it's not gonna be the court that decides what's for rent it's going to be the it will be police and prosecutors. Do I look the that I look current. I have a lot of people think this is why I am simply because I'm trans that is take that you're you're using as part of your testimony here and yes I am I'm not quizzing that I'm
referring to myself thank you referring to myself thank you I'm just I'm just. F.. That's a rhetorical question. The problem is first of all the bill that the the law that this amends is it isn't just is it justified over obscenity is just as justified as the zoning law. The authority and business law is is based on zoning ordinances that many cities of dues to protect the area to.
It may cities have enacted. Two. Regulate but not do away with adult oriented businesses and a lot of the stuff Senator Stubblefield mentioned it goes on and drag shows. That a lot of that alone what what classified businesses record that does that type of drag show as adult oriented eight eight drag. The drag queen story times. Anything public public appearances by trans people.
It the way it's worked the way it first all the way to power it is worded. The what was that people who do think west Saint the say and usual things about some people are up the. Trying to think here but. That because I am a little narrow divergent but. The problem is. It is. A lot of people think just because because we're out here. Makes it current it's not.
Second the way the cross stressing part of the definition is written anyone who is trained L. transgender people that that part of the division more clearly than drag performer then then not transfer act performers do there is a difference. And. The remote worse by lifting one word. Of the obscenity definition without the rest of the obscenity definition.
Just twist the whole bill the whole law and to that serve especially when you start restricting. Public appearances. Again again again you're you're putting a lot more stress on the word perjury and. Than than anyone ever into the anyone ever intended there's other there there there there are. Others there is at least two other elements of the of the Miller test. That prevents somebody from just
walking up and saying this is obscene. This thing those elements are not carried over and that's that's part of reason why is a bad bill. At bill. Please vote no. Note to any questions thank you for your testimony next to thingy NO Sinclair. Go up.
The state your name who you're with For the record. You're recognized testify hello I'm within a Sinclair and I'm just a local drag artist so I want to first tell you a little about myself so I a work in this building quite often actually is in the hunter I run all kinds of different things for charity here in the state of Arkansas just a month or two ago I fed about two hundred plus people using my own funds so drag it is something that I do
as self expression dragons simply are there is dragging almost everything that we do in our daily lives including movies TV shows ladies anything that we have seen there is some type of drag in their contract is not the sexually oriented thing that you have been told that it is and I do believe the person who has submitted this bill isn't even familiar with that track actually is. He told us about some unnamed
queen saying all these different things about a drag shall. I am. Has never drank I have never smoked I have never done any type of drug I am. Bills on than most people do in this room I have one about eight pairs of pants tights at all times so no matter it's the track shall I like in this exact outfit during a drag queen
story time and you cannot see any part of my body but my in my hands hi this act considered sexually oriented it does not make sense. Also there are all kinds of different types of drag performers there are direct performers to perform in the bill and given agenda the. One was this bill would lead to
all kinds of things including censorship of different TV shows that are in major networks have drag on TV constantly and we actually have a straight directly in that was on RuPaul's drag race from here in Arkansas who represented as on a major worldwide network the shares are to be subject to censorship because of this particular bill. He mentioned earlier and probably two days ago I'm in his interview on the news and that he actually did this bill
because of god and is wrong in the Bible and I'd also like to read representatives Bentley last session called trans people and domination and she's a sponsor of this bill so don't tell me this bill is not about hate towards LGBT plus community. There is no need for this bill I know that you asked earlier about a drag queen story time and that this with the fact that. One of the bill.
We have no. Case here that people have been sexually oriented your kids at all this is not been one single case of it seems like it's just happening for no reason because other people in the country of driving it had an issue with this in the state I would fully support this however not been one instance that is needed or kids being
That makes no sense I was not groomed as a kid I'm in Arkansas and the first time that I ever saw a drag queen was in Arkansas at a. Picture shall drag queen it was someone performing on stage and I decided that I wanted that to be my next meeting in March and now the country doing it so this bill is going to just completely
destroy what we do as an art form and make it as sexual oriented thing that it's not and that's all I have to say and open for questions. Are there any questions from committee. Not seeing any thank you for being here this devoted to. Next up colleague. Is it Thomas. You come up to the end of the table. Please state your name who
you're with for the record you're recognized Aly Tomlin said I am against this bill nine as some of you know me in a professional manner but I do which you know that I am here today just on my own accord it took me a little bit to get here I wasn't prepared for you all to meet today so actually have on my assistant she is I didn't nineteen issues in here so you all should be happy about that and I am very glad that you were able to define just a little bit about some of the questions and that I know a lot of us had about the bill so and. And the president I know a lot of us have a question about that which was and what you explain which was the legal access and
interest in sexual matters now I do want to note X. this is something that I know a lot of us have been talking about most of us have never had the opportunity to come in here and discuss anything about Hooters before whether we are for or against that and that is a family oriented business that's what they say about that and I know that a lot of you are very very concerned about stripping the innocence away from children but we have never been able to have a discussion together about that whether we're for or against it so I want you to know that that really makes the L. G. B. T. community feel like that like what we're doing here today is a personal attack that's why you're feeling. The passion that you're feeling today because we never had any
other discussions besides that in a sense of children until it comes to the LGBTQ community just really preserving the innocence so that's the reason why you're so constituents are coming to you and they're discussing this with you they're really trying to and convention you to also represent them in this time. And I also really want to remind you that at the beginning of the session which I know it's just started that Sarah Huckabee Sanders our new governor and said that the freedom and the responsibility is going to be given back to our Kansans which a lot of individuals are very excited about that and the fifty
family members and that you were able to survey they said that they would not choose to take the and children to and drag shows and they haven't done that I love that statement I love what you were saying that they have not done that and it was that choice that choice that they had I think if we are going to give choices back to our Kansans it's all our Kansans it's not just the our Kansans our values align with it's not just our Kansans that your
values align with or that your walks of life go hand in hand with it has to be everyone we can leave this choice to family members they do not have to take their children to drag shows they don't have to do that they don't want to but we can leave this decision up to the family members of we want to I think that you have to understand that having a bill that specifically says. And.
Wearing clothing and I'm just going to abbreviate this but wearing clothes the that wasn't assigned to you that agenda that this is a bridge for hate and for weaponizing violence this is making something very sturdy whether if that's something that you're going to do you have to understand that the people in Arkansas will use this whether it's individuals that are just listening to you talking and forming their own opinion I want to ask you to represent everyone not just the people that think
like you do personally that represent the constituents that don't think like you that don't live the life like you. It upon yourself to go out of your way to represent the other individuals that are in your constituency please thank you. Yes. Senator Hammer your first. Thank you Mister would you please identify yourself again I will Allie Tomlinson okay and you're recognized are you said that some of us may know you don't try to make connection
where I might know you from so I do a lot of disability rights work. Yes today I am here to send a personal matter just to try to speak to you as a constituent okay thank you and then I may be wrong on this show you correct me if I am I don't mind being corrected but it seems to me like when governor Huckabee Sanders made that comment that she was speaking about it in terms of educational choices as school choices I don't recall that statement be made in the broad characterization that
you've used could you speak to that please and she also use that we're talking about and COVID and pulling back on some of those restrictions that she made that also in the context of those two things yes and so I know that a lot of her platform has been about giving choices but choice and personal responsibility back to our Kansans so now it has not been used specifically to this but a lot of that platform and a lot of the agreements and funds from the majority of the seats that
are held has been all about personal freedoms and choices and I think that that should be able to run deep within everything that's trying to be passed okay I think that would be her choice is not ours to invoke upon her without her being here to speak to that but I just want to bring that clarity that that's the way I remember the context of which that statement was made and then the last thing is simply this you know a couple a couple things I've heard today from to four different presenters have
included the word hate and I'm just curious what is your opinion as far as what drove the decision for the LBT cheek you never can they have apologized or in this case the drag queens because they are being used in the same terminology what do you think it is that drove them to go after private businesses and about other entities who may be disagree with lifestyle because
there seems to be able to the hypocrisy. That we want you know we want to be defended over here but we at the same time want to go after those who disagree with us and I'm trying to rationalize what's what's the difference if it's right to do one way but not to the other not to be curious to hear your response thank you I just want to clarify when you say go after will yield distance when I think about I want to speak about something that I don't know I want to be able to actually tell you that I don't have the information on that well I'm just thinking about you know. I think about the usage of the law on the usage of the court
system to go after private businesses who disagree with the lifestyle but yet they end up getting dragged into court and it and it would seem like hate would be equally applied that if we're being accused he or others are being accused of. The project is hating the population or discussion you know that it is been equally displayed by the population under discussion toward others who disagree with them and I'm I'm trying to rationalize you know why is it okay for everyone
but not for the other from from the perspective that you're speaking against this bill so Senator Hammer and I want to be able to answer any questions if I can but I never wanna answer questions if I don't feel comfortable doing that but you have a true expert here in the room someone that has lived that life and someone that actually works in dragon I I would love to just pass that microphone along I know that I can't now since they've already done that testimony but I would really like to just deferred that since I am not actually the expert on
that in the room okay well I'm not going to take you as a monopoly but with your testimony because your words are your words and that work which used in your testimony shall leave it with you and if you choose not to answer it I can accept that you thank you Mr yes and I just wanna clarify not hate so I did not use the word hate on that part it was just a personal attack in that I felt like it would be used from other I. cans and so every day our Kansans to feel like it was okay to hate so not necessarily business owners or anything like that is
everyday people to be able to hate that a personal attack from the legislature so I'm sorry if there was any mix up and that. Thank you thank you Sir Senator so when you're recognized for a question. Do you talked about. Not have an opportunity to talk about these issues of child protection yet we have a whole list on this bill the
business's. Been listed as adults. Those conversations happen so I those that don't businesses are already and children are already not allowed to go there have you made the comment that we've never had in the past we've never had the opportunity to talk about protecting children from whatever so we have that otherwise we wouldn't have adult businesses adult businesses okay your statement doesn't seem to ring true I'm so sorry about
that so I guess what I'm saying is. And I should have required today and made it clearer okay go ahead okay so our generation that you're speaking with today so around the same we had it orders and I will not tell you how long that it's been here I don't want to speak to something that's untrue but that seems to be a family oriented business it's it's out there it's it rings to be something that you can bring the whole family to because it's a sports bar and restaurant but it's also used to overly sexualized a and the
female population and that and we do know that we we will we will so that I apologize may I respond to your statement and yes as I mentioned in the letter if they were violating the law that be under listed under todo business and they're not. That's what you thought that I was saying I'm so sorry well I thought you were saying that Hooters sexualize children they did they would be classified as
an adult business and I also want to make sure that we know that drag queens to not sexualize children either okay thank you Mr. I must have missed read the bill problem if we are saying that drag queens sexualize the bill. Is that is that what we were doing. I just wanna make sure thank you so much let me ask you that question thank you. Senator Patty you're recognized
for a question. Thank you Mr so. My question and I love the statement that you said about taking the innocence of children because to me being a freshman going in and and looking at the I had to look at the full context of the existing law versus the Amendment it's being added to this law and and so I love that you identified that the children are worth preserving their innocence I think it and I'm not putting words in your mouth but that's the way I understood your your comments. but to me if you read the
legislative intent and its public you can look at it and you look to everything in context existing bill and the amendment I don't think and I think the questions have been answered that this intent is intended as an attack or someone said aims to ban that drag shows I don't think any of that is is the intent the legislative intent of this amendment I think the legislative intent of the existing law with this addition is is found in number two where
it says adult oriented businesses should be separated from schools playgrounds places of worship and other places frequented by children to minimize the impact of secondary effects of the adult oriented business and the the pretext all of this there were a number of Supreme Court cases another state cases that were discussed and talked about it and I think it is well defined in the law maybe there's a disagreement is whether it's well defined in Arkansas and I
by the Supreme Court and and others as defined in I'm not an attorney I don't profess to be an attorney don't want to be an attorney but I do read and and while it is also the reference was to zoning. I think that everything we're talking about is in reference to zoning to protect the innocence of the children and and so I think the broad characterizations that we've heard here is really not the intent the Legislative that don't wanna speak for the sponsors
but to me that's. Where I think we're at now that being said To your Hooters point it Hooters does have restrictions as a bar and it cannot be within a certain distance many of these places and I don't know that any of us would want to change that but we are are there any other categories of these business adult oriented businesses that you feel like that are listed in the not in the amendment but in the code that they should be revisited as
well I think that that the Hooters and what I was trying to tell you is that. The individuals that you're hearing Hammer speak to you with passion because they do feel like they're being attacked because we hear a lot about this in a sense with children when it comes to the LGBTQ community so I know that we are all very hung up on the word Hooters and so I'm so sorry to the point we put that out there maybe I should have just used a a broader wired of businesses that I wanted you to know that there is no
disrespect for the individuals that are coming in here you're feeling the passion because individuals and individuals are feeling like they they are plainly being attacked and there's a lot of legislation that's coming down on them because they are feeling and like their their job their self expression different things like that are taking the innocence away from children and and that's just not the case so there are parades there are festivals there are individuals
that are fully closed and even their sleeves completely roll down so my arms are showing more and then you know what you'll see at allied ADD and **** and we just went to one in Conway and it's a beautiful experience and there's nothing being sexualized at all about that and but the merit of the art how will the court see that and it just seems like it can be really dangerous and slippery slope.
Okay saying anymore. Questions thank you for your testimony today thank you so much thank you for the questions I hope you'll have a great day. And members at finishes up on those with the signed up to speak of Senator Stubblefield in your bill and if you have any Member questions for Senator Stubblefield after testimony now would be the time for that if not to double for you're recognized close for your bill.
Thank you Mr chairman thank you committee and and thank each one of the individuals that came spoke today. In regard to the economic impact of a passing this bill I think we found that many of the states including Florida who lost a hundred forty billion in December along. Finding it that going what was going broke and it cost a lot of other states a lot of money by because.
These corporations found out that the average citizen does not go along with their ideology. And just like these groups that came up here today and spoke their hearts conviction that's what they believe. As a Christian I believe. Differently. I believe that for example in Deuteronomy twenty five I believe the Bible I believe that the if the Bible says it if a man dresses like a woman and woman dresses like a man it is
an abomination to god I have the right to do that under all of our rights. The bill of rights with each one of those rights. On the duty just because you have the right to free speech doesn't mean you have the right to go on the hotel or I mean a theater and yell fire just because you have the right to own a weapon to protect your property your family yourself does it give you have to go out and buy a gun and kill an innocent person the founders
knew this they knew that each one of these rights the state granted to us they didn't grant got great and it to us they need the the the bill of rights did not come from the constitution or the government they came from almighty god and I recognize this but with each one of those came a corresponding duty and we have a duty to uphold those I happen to believe this way because I've talked to a great number of people in my district and I think if you'll talk with
those your district courses laid down. You're going to find out the same thing. but if there's ever been a day to protect our children. children are being exposed today to things that. Thirty forty fifty years ago we couldn't even imagine. We could not even imagine it is a shame that we even have to bring the bill up like this to protect our children. Because they are going to be the one to one of these days that said here in the states.
And then make laws the. In children. In future generations to live by so I would appreciate a good vote and I want to thank you again for. For all your debate. Okay how what solutions of the committee. Do pass I have a second. All in favor hi posed.
It is pretty forty three passes it will be transmitted to the Senate I want to say Everyone being here Preciado to debate the orderly DO you you did well with the information as you know this procedure known in the legal process and thank you for being here today you. We've got today this is a call. You can you can take your comments outside.
The Committee has not been ruled over yet if you can talk you would need to go outside. Members is Senator Flippo will be back in and be talking about that is we're going to meet his I believe Tuesdays and Thursdays but that will be at the call of the chair and thank you for being here a committee meeting is over. All.
Agenda
Call to Order
SB43 G. Stubblefield TO CLASSIFY A DRAG PERFORMANCE AS AN ADULT-ORIENTED BUSINESS; AND TO ADD ADDITIONAL LOCATION RESTRICTIONS TO AN ADULT-ORIENTED BUSINESS.
Do pass - motion - Passes
Adjourn
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE AND HOUSE, Jan 19, 2023 | Agenda | 1 | Official source ↗ |