Ohio House Bill 249 is a piece of legislation that would place higher restrictions on public drag performances across the state. The House passed the legislation March 25 with 63 votes in favor and 32 votes against. It has now been introduced in the Senate and awaits referral to a committee.
The bill, known as “Enact the Indecent Exposure Modernization Act,” restricts drag performers, go-go dancers, strippers and exotic dancers from performing in any public space where minors may be present and anywhere apart from “adult cabaret” venues, as passed by the House.
Proponents of the bill argue it is necessary to protect children from indecent exposure and preserve innocence. The sponsors of the bill, Republican Reps. Angela King of District 84 and Josh Williams of District 44 did not respond for comment.
“Parents across Ohio want to know their children are safe and not exposed to adult performances or imagery,” King said in a statement. “This bill closes loopholes in our law, strengthens protections for minors and ensures that private spaces remain just that—private. Ohio must remain a place where families feel confident that their children can simply be kids.”
Many disagree with her statement, claiming drag performances that are more explicit and catered to adults do not allow children to be present.
Drag performer and RuPaul’s Drag Race contestant Andrew Levitt, who performs under the name Nina West, gave a testimony opposing the bill. Levitt grew up in Ohio and lives in Columbus. Levitt emphasized that Ohio is home to ideals of acceptance, love and freedom.
“Don’t tell the next generation of kids from small town Ohio that they need to hide their light under a bushel,” Levitt said in a testimony. “Tell them that Ohioans like you, like me, believe in the power of JOY, HOPE, LOVE, individual freedom. Because not only are those values of drag. They are values of our great state of Ohio.”
Jack Wilburn, an alumnus of Ohio University, performs as a drag queen in Ohio under the name “Evelyn Everything.” Wilburn started drag in Athens in 2022 and now performs full-time. He argued against King’s statement, likening the different types of drag to how movies receive ratings.
“There are rated G movies for children, there are rated R movies for adults,” Wilburn said. “And I think drag operates and functions in a really similar capacity. I think some drag entertainment is supposed to be performed at a nightclub, is designed and curated for an adult audience, but things like story hours are there for children to experience.”
Wilburn added when he is booked for an all-ages show, he spends a lot of time ensuring his outfits are concealing and he conducts himself appropriately.
Sean McCann, policy strategist with the American Civil Liberties Union of Ohio, said the bill would expand the already active restrictions Ohio has.
“The legislature, the sponsors of the bill, like to paint this picture that it's cut and dry,” McCann said. “What's obscene and what's harmful to juveniles … but the reality is that these are still vague legal standards that now we would be expanding pretty drastically with the new offenses created in House Bill 249.”
McCann said the preexisting laws in action are sufficient enough to regulate performances not fit for minors to protect their innocence.
“Ohio law already prohibits indecent exposure,” McCann said. “The sponsors have tried to claim that they're adding an important clarification to the law about private area versus private parts and that they're modernizing the law, and the reality is that the current law is sufficient to prohibit what they're trying to protect children from.”
Violators of the bill could face a first-degree misdemeanor if a performance happens in front of a juvenile. If the performance is obscene, the charge would be a fifth-degree felony, and if a performance is obscene and happens in front of someone under 13 years old, the charge would be a fourth-degree felony, according to the bill’s proposal.
The issue would impact every corner of Ohio. Wilburn discussed the importance of drag art in the Southeast Ohio area, emphasizing the prevalence in Athens.
“Drag in Athens is meaningful, not only to the city and not only to the college, but also to the entire region of southeastern Ohio,” Wilbrun said. “Because I don't think there are all that many venues, spaces or opportunities for entertainers in that region. So Athens serves as a sort of homing beacon for all of them.”
First Amendment concerns are also on the table, with the ACLU of Ohio mentioning the dangers of enacting legislation that would include restrictions on speech and performance, according to an ACLU news release.
“Drag is just like all sorts of forms of art and artistic expression, in that it is protected by the First Amendment,” McCann said. “The First Amendment protects all sorts of art forms and forms of expression, including, but very much not limited to, drag.”
