The U.S. Court of Appeals for the Sixth Circuit ruled 2-1 on Thursday to dismiss a challenge to Tennessee’s Adult Entertainment Act in the case Friends of George’s, Inc. v. Mulroy.
Tennessee’s Adult Entertainment Act was signed into law last year by Governor Bill Lee.
The law prohibits “adult-oriented performances that are harmful to minors,” from being performed in public or areas accessible to children.
BREAKING🚨
The U.S. Court of Appeals for the Sixth Circuit ruled in the state's favor by upholding Tennessee's Adult Entertainment Act.@AGTennessee will continue to defend Tennessee state law and Tennessee's children.
➡️https://t.co/nHCneCgtHx pic.twitter.com/YZ1SnWVarm
— TN Attorney General (@AGTennessee) July 18, 2024
“Adult cabaret entertainment” is defined by the law as performances that feature “topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.”
A first offense for violating the state law is classified as a Class A misdemeanor while a second or subsequent offense is a Class E felony.
Judge John B. Nalbandian delivered Thursday’s majority opinion which was joined by Senior Judge Eugene E. Siler, Jr.
Nalbandian argued in favor of upholding the Tennessee law, writing in his majority opinion, “There is no constitutional interest in exhibiting indecent material to minors.”
In addition, the court found that the plaintiffs that brought the case, a Memphis-based LGBTQ theater company called Friends of George’s, lacked standing to bring the case.
The court’s 39-page ruling handed down on Thursday reversed a lower court’s ruling in the case that halted law enforcement in Shelby County.
Tennessee Attorney General Jonathan Skrmetti applauded the appeals court ruling on Thursday, saying, “Tennessee’s Adult Entertainment Act has been consistently misrepresented since its adoption.”
“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression. But as the Court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the exhibition of obscene material to children. The Court of Appeals focused on what the law actually says and ordered the case dismissed,” Skrmetti added.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
