Montana Bans ‘Sexually Oriented Performance or Drag Story Hour’ in Schools and Libraries

Montana Bans ‘Sexually Oriented Performance or Drag Story Hour’ in Schools and Libraries

Montana has become the first state to ban those in drag from holding reading events in schools and libraries:

House Bill 359, sponsored by Rep. Braxton Mitchell, R-Columbia Falls, was extensively amended several times throughout the legislative session. In its final form, it prohibits schools and libraries that receive state funding from hosting “drag story hours” during regular operating hours or a sponsored extracurricular activity.

The bill defines drag story hours as when a performer (male or female) with “a flamboyant or parodic” persona and “glamorous or exaggerated costumes and makeup” reads children’s books or does other learning activities with children present.

From the bill:

Section 3. Where sexually oriented performances are prohibited. (1) A library that receives any form of funding from the state may not allow a sexually oriented performance as defined in [section 1] on its premises.

(2) A school or library that receives any form of funding from the state may not allow a sexually oriented performance or drag story hour, as defined in [section 1], on its premises during regular operating hours or at any school-sanctioned extracurricular activity.
(3) A sexually oriented performance is prohibited:
(a) on public property in any location where the performance is in the presence of an individual
under the age of 18; and
(b) in a location owned by an entity that receives any form of funding from the state.
(4) A library, a school, or library or school personnel, a public employee, or an entity described in subsection (3)(b) or an employee of the entity convicted of violating the prohibition under this section shall be fined $5,000 and, if applicable, proceedings must be initiated to suspend the teacher, administrator, or specialist certificate of the offender under 20-4-110 for 1 year. If an offender’s certificate has previously been suspended pursuant to this subsection (4), proceedings must be initiated to permanently revoke the teacher, administrator, or specialist certificate of the offender under 20-4-110 on a subsequent violation of this section.

A minor’s parents can sue on their behalf under Section 4:

Section 4. Private right of action. (1) A minor who attends a performance in violation of [section 2] or [section 3] may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the performance. The minor’s parent or legal guardian may bring an action in the name of the minor for an action commenced under this section.
(2) If a person prevails in an action brought under this section, the court shall award:
(a) actual damages, including damages for psychological, emotional, economic, and physical
(b) reasonable attorney fees and costs incurred in bringing the action; and
(c) statutory damages of $5,000.
(3) A person may bring an action under this section not later than 10 years from the date the cause of action accrues

A private right of action gives the person the “ability to legally enforce their rights upon other people or even organizations.” It is “based directly on a public statute, the Constitution, or federal common law.”

Montana’s bill is similar to those in Florida and Tennessee. Those bills, though, “require the performances to be sexual in nature.”

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