ACLU and ACLU of Utah Celebrate Win for Drag Performers’ First Amendment Rights | American Civil Liberties Union (original) (raw)

City of St. George settles with Drag Stars and Mitski Avalōx following ideologically-motivated denial of event permit

February 7, 2025 3:00 pm

ST. GEORGE, Utah — Today, the American Civil Liberties Union of Utah Foundation, Inc. (ACLU of Utah), ACLU, and the law firm Jenner and Block announced a historic settlement agreement on behalf of Mitski Avalōx and Southern Utah Drag Stars (Drag Stars). The case, Southern Utah Drag Stars v. the City of St. George, was filed in May of 2023 after the city of St. George denied Drag Stars a special event permit for a family-friendly drag show. The city’s refusal to grant Drag Stars a permit is part of a years-long effort to target drag performances and LGBTQ+ pride events in violation of the First and 14th Amendments, as well as the Utah Constitution.

“The courage of Drag Stars and Mitski Avalōx to bring this case affirmed what has always been true: all Utahns are entitled to the fundamental protections of the First Amendment, said Thomas Ford, staff attorney at the ACLU of Utah. “This is a win not just for our clients, but for all people who care about limiting the government’s ability to impose subjective views of what they deem appropriate on all of us.”

On March 3, 2023, Drag Stars applied for a city of St. George special events permit to host a family-friendly drag event, Allies & Community Drag Show Festival, at J.C. Snow Park. A few weeks later, the city denied the application, alleging that Drag Stars did not comply with the city of St George’s advertising ordinance, an obscure local rule which prohibits advertising for special events until the event permit is granted. Drag Stars appealed the denial, and during the appeal process, at least one city council member acknowledged that the advertising ban is not enforceable. Nonetheless, the city of St. George denied Drag Stars’ appeal.

In May of 2023, the ACLU of Utah, ACLU, and Jenner & Block filed a lawsuit on behalf of Drag Stars and Mitski Avalōx challenging the city of St. George’s denial of the event permit and unlawful censorship of drag performances in violation of our client’s First Amendment rights. On June 16, 2023, the United States District Court for the District of Utah granted Drag Stars’ request for a preliminary injunction and ordered the city of St. George to reverse its denial of Drag Stars’ special event application and issue a permit allowing Drag Stars to host their family-friendly drag performance. In doing so, the court recognized that the protections of the First Amendment extend to drag performances like the family-friendly event hosted by Drag Stars.

“Amid nationwide attacks on LGBTQ+ people, this settlement is a reminder that the First Amendment protects everyone,” said Emerson Sykes, senior staff attorney with the ACLU Speech, Privacy, and Technology Project. “Drag is undeniably a form of artistic and political expression and we couldn’t be more pleased that our clients’ rights have been vindicated.”

Under the 2025 settlement agreement, the city of St. George admitted that their denial of Drag Stars’ special event application violated Drag Stars’ First Amendment rights and agreed to publicly apologize to Drag Stars for this violation.

"This victory isn’t just mine—it’s a win for every queer person who’s been told to stay invisible. Drag is a powerful form of expression, affirming that the First Amendment protects us all, including drag performers. The city council of St. George tried to censor us but the Constitution was on our sides,” said Mitski Avalōx, founder of Southern Utah Drag Stars and the plaintiff in this case.

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