It’s already a crime in Ohio to put obscene material in front of children, but the Ohio House has passed a bill that Republicans say will shield kids from explicit content. But critics say the bill unconstitutionally criminalizes certain performances and could hurt trans people.
Backers of House Bill 249, known as the "Indecent Exposure Modernization Act", contend it won’t ban drag shows. The bill creates a new offense of “unlawful adult cabaret performance”, restricting performances deemed obscene to adults-only venues such as nightclubs and bars. It changes the definition of public indecency from “private parts”, which is not defined in law, and expands it to “private area”, which includes genitals and breasts. There is an exception for women who are breastfeeding.
In committee there was testimony that the bill could shut down drag shows, including comments from Andrew Levitt of Columbus, nationally known as Nina West. But House Speaker Matt Huffman (R-Lima) said the bill doesn’t ban drag shows and simply updates existing laws.
“It’s narrowly tailored. It’s constitutional," Huffman said after the vote. "But almost certainly, it is going to go to court, though."
But House Minority Leader Dani Isaacsohn (D-Cincinnati) said this legislation is unnecessary.
"Legislators in Ohio in the majority are focused on drag shows when Ohioans want them focused on lowering their gas bills," Isaacsohn said.
The Center for Christian Virtue praised the vote, saying the bill is "common-sense legislation" that "modernizes Ohio's indecent exposure laws, providing a clear, biological definition of "private areas' to ensure that restrooms, locker rooms, and changing areas remain safe spaces for families." The group said "vague legal definitions have allowed radical activists to prioritize ideology over the basic right to privacy." The group said passage of this bill has sent a clear message to protect the state's most vulnerable citizens.
But the state's leading LGBTQ+ organization Equality Ohio said the bill that passed is vague and could subject cheerleaders, artists and anyone wearing a sports bra to criminal charges. The group says by replacing the term "private parts" with "private area", criminal liability would no longer depend on actual exposure or visibility of particular body parts and would instead include completely covered areas as well.
"Attacks against drag performers and transgender people, like so many people that restrict LGBTQ+ visibility, have multiple consequences that endanger fundamental freedoms and safety," said Equality Ohio CEO and Executive Director Dwayne Steward.
Rep. Jamie Callender (R-Concord) was the only Republican to vote against the bill, joining all Democrats. HB 249 now goes to the Senate.
