Iowa ACLU sends letters to cities calling for removal of drag restrictions

Yahoo

04-06-2025

Students got signatures and pictures with drag queens who spoke at Iowa Safe Schools' Annual Governor's Conference on LGBTQ Youth April 28, 2023 at Prairie Meadows in Altoona. (Photo by Robin Opsahl/Iowa Capital Dispatch)
The American Civil Liberties Union of Iowa sent letters Wednesday to five Iowa city councils calling for a change to local statutes that classify 'female impersonators' and 'male impersonators' as adult entertainment, saying such measures are unconstitutional.
The letters were sent to the city councils of Carroll, Harlan, Mt. Pleasant, Polk City and Webster City. The five Iowa municipalities have restrictions on performances — typically referring to drag shows — as adult entertainment. In the letters to the city councils, ACLU Staff Attorney Shefali Aurora wrote that the prohibitions on drag performances violate the state and U.S. constitutions, as they conflict with the First Amendment by restricting a form of expression that's protected under free speech rights.
Aurora also argued the ordinances violate constitutional equal protection rights, as the measures target the LGBTQ community on the basis of sex and gender expression.
Aurora said in a news conference Wednesday the ordinances are restricting performances that are neither obscene or sexual.
'Not all drag is obscenity,' Aurora said. 'A lot of drag performances are, in fact, family friendly. Too often, drag is equated with sexualized performances. But drag is not, by definition, adult entertainment. It can simply be someone wearing clothing and accessories conventionally worn by a person of a different gender.'
Other performances that entail stories involving a person dressed in a manner that does not traditionally correspond with their gender at birth — such as movies like 'Mulan' or 'Mrs. Doubtfire' — could be restricted from being shown under such local ordinances.
A statewide measure to ban minors' attendance at drag performances was discussed during the 2025 legislative session but ultimately did not advance. This proposed legislation contained similar language that defined drag as performances where the main aspect is 'a performer who exhibits a gender identity that is different than the performer's gender assigned at birth through the use of clothing, makeup, accessories, or other gender signifiers.'
The bill, which was amended, received heavy criticism not just for limiting family-friendly drag shows but potentially impacting transgender people's ability to be in non-drag public performances and preventing local theaters from performing classic art such as Shakespeare's 'Twelfth Night,' as it contains a character that dresses as the opposite gender.
Aurora said this is not the first time the ACLU has sent letters to local governments about similar anti-drag ordinances. In the past, the organization has contacted Eagle Grove, Knoxville, Newton, Dyersville, Pella, Waukee and Grinnell — communities that agreed to amend their ordinances after receiving communications from the ACLU on the issue.
In 2021, Doña Martha's Office in Eagle Grove had canceled a drag show after receiving a letter from the city attorney that called for the performances to cease, claiming they violated municipal code. Aurora said Eagle Grove later agreed to amend the restriction on 'female impersonators' as part of the city's definition of adult entertainment.
While the ACLU is encouraging all cities to review their ordinances and remove language related to drag performances as inherently obscene, Aurora said the latest letters were sent as many Iowa communities are celebrating Pride month, holding events that sometimes host drag performances.
'We thought it was particularly important to raise this issue again this month, with it being Pride, which is why we're sending out the letters this week, just to bring that to the forefront,' Aurora said.