Court dismisses lawsuit over Tennessee’s anti-drag show ban
Legal Compliance News
A federal appeals court on Thursday dismissed a lawsuit challenging first-in-the-nation law designed to place strict limits on drag shows, reversing a lower court ruling that deemed the statute unconstitutional and blocked its enforcement in part of the state.
The 6th U.S. Circuit Court of Appeals ruled that the Memphis-based LGBTQ+ theater company that filed the complaint last year lacked the legal right to sue over the law.
Friends of George’s had alleged that the law would negatively affect them because they produce “drag-centric performances, comedy sketches, and plays” with no age restrictions.
However, the federal appeals court found that Friends of George’s was not at risk of violating the 2023 law because its performances were not “harmful to minors.”
Tennessee’s Republican-dominated Legislature advanced the anti-drag law last year with the support of Republican Gov. Bill Lee. Several GOP members pointed to drag performances in their hometowns as reasons why it was necessary to restrict such performances from taking place in public or where children could view them.
Yet the actual word “drag” doesn’t appear in the statute. Instead, lawmakers changed the state’s definition of adult cabaret to mean “adult-oriented performances that are harmful to minors.” Furthermore, “male or female impersonators” were classified as a form of adult cabaret, akin to strippers or topless dancers.
The law banned adult cabaret performances on public property or anywhere minors might be present. Performers who break the law risk being charged with a misdemeanor or a felony for a repeat offense.
In Thursday’s ruling, the justices stressed that term “harmful to minors” has a specific definition under Tennessee law — which has three components that must be met in order to prosecute. The ruling also pointed out that the Tennessee Supreme Court limited the definition of “harmful to a minor” to materials lacking “serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.”
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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme
Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000.
The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.
“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”
At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.