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Article by Paula Gomes, Tennessee Conservative News –
A drag queen and Pride group, plaintiffs in a lawsuit that was dismissed in October of last year, have returned to the courts to appeal the dismissal.
The lawsuit filed by Blount Pride and Matthew Lovegood aka “Flamy Grant” on September 1st, 2023, against Blount County District Attorney General Ryan Desmond, Blount County Sheriff James Berrong, Maryville Police Chief Tony Crisp, Alcoa Police Chief David Carswell, and Tennessee Attorney General Jonathan Skrmetti was dismissed for lack of standing.
The complaint alleged that Desmond erred in his interpretation of a ruling issued in the Western District Court earlier that year when the law was permanently enjoined in Shelby County due to a different lawsuit and that it should have also applied to the entire state.
The 6th Circuit Court of Appeals overturned the lower court’s ruling in 2024 stating that Memphis theater troop Friends of George’s did not have standing to sue due to their shows not meeting the legal definition of “harmful to minors.”
The Adult Entertainment Act, passed by lawmakers in 2022, includes drag performers in the law’s definition of adult entertainment. The lawsuit’s plaintiffs have contended that the law is anti-drag and chills first amendment rights.
The law states that drag performances can not take place in a venue where minors might be present such as a public park, or any venue that doesn’t already apply and observe an age restriction policy of 18-years and up.
However, while the language in the law includes performers who dress in clothing of the opposite sex, it doesn’t necessarily mean the performance will violate the law automatically.
A violation would include what the law calls an “adult cabaret performance” which is defined as “a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration.”
Blount Pride advertised their annual festival at Maryville College in 2023 which led to Desmond sending out a letter to the group and to local law enforcement stating that his office was prepared to prosecute any violations of the law.
After filing the lawsuit, Blount County Pride was allowed to hold the festival in 2023 due to the court granting a preliminary injunction against the state but in 2024 and 2025 they moved the event to a location outside of the district claiming that the district attorney’s letter had threatened their protected speech.
When the case was dismissed in 2025, the district court stated that Blount Pride was a family friendly event and so would not have been subject to prosecution.
With the support of the ACLU of Tennessee, the plaintiffs now say they want the case reopened due to fear of prosecution in the future.
Sources:
Tennessee Conservative News.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
