Texas is barred from enforcing its ban on drag show performances following a trial on the merits of the claims.
Judge David Hittner of the US District Court for the Southern District of Texas issued a two week temporary restraining order Thursday after finding “a substantial likelihood” that the law violates the First Amendment. A permanent injunction will be issued when “a final judgment can be drafted and entered,” Hittner said.
Hittner issued the order following a preliminary injunction hearing that was consolidated into a final trial on the merits held on Aug. 28.
“The impending infringement on the plaintiffs constitutional rights” is sufficient irreparable harm to warrant enjoining S.B.12, Hittner said.
The plaintiffs include LGBTQIA+ organizations, drag show production companies, and performers.
Texas Gov. Greg Abbott (R) signed the law June 18 and it was set to become effective Friday.
The case is Woodlands Pride Inc. v. Colmenero, S.D. Tex., No. 23-cv-02847, 8/31/23.
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