Drag Performers' First Amendment Rights Upheld in St. George, Utah

A Landmark Victory for Free Expression

In a resounding win for artistic freedom, the ACLU and ACLU of Utah have celebrated a historic settlement in the case of Southern Utah Drag Stars v. the City of St. George. This case, originating from a denied permit for a family-friendly drag show in 2023, highlights a broader struggle against the targeting of LGBTQ+ expression.

The city's initial denial, based on a rarely enforced advertising ordinance, raised concerns about discriminatory practices aimed at silencing drag performances and Pride events. This prompted legal action by the ACLU, alleging violations of the First and Fourteenth Amendments, as well as the Utah Constitution.

"The courage of Drag Stars and Mitski Avaldx to bring this case affirmed what has always been true: all Utahns are entitled to the fundamental protections of the First Amendment," stated Thomas Ford, staff attorney at the ACLU of Utah. "This victory extends beyond our clients, impacting everyone who values limiting government overreach on personal expression."

The Fight for the Stage

Following the permit denial, the city rejected Drag Stars' appeal, despite acknowledging the questionable enforceability of the advertising rule. Seeing their rights infringed upon, Drag Stars, with the support of the ACLU and Jenner & Block, filed a lawsuit. In June 2023, the U.S. District Court for the District of Utah granted a preliminary injunction, ordering the city to issue the permit and acknowledging the First Amendment protection of drag as an art form.

"Amid nationwide attacks on LGBTQ+ people, this settlement is a reminder that the First Amendment protects everyone," commented Emerson Sykes, senior staff attorney with the ACLU Speech, Privacy, and Technology Project. "Drag's power as artistic and political expression is undeniable, and we are thrilled that our clients' rights have been vindicated."

A Settlement and an Apology

The 2025 settlement includes a significant admission from the city of St. George, acknowledging their violation of Drag Stars' First Amendment rights. Furthermore, the city agreed to issue a public apology for their actions.

"This victory isn't just mine—it's a win for every queer person who's been told to stay invisible," shared Mitski Avaldx, founder of Southern Utah Drag Stars. "Drag is a powerful form of expression, and this affirms that the First Amendment protects us all. The city council tried to censor us, but the Constitution was on our side."