Will Utah follow Tennessee's lead by banning adult-themed performances in public?

Yahoo

04-02-2025

One Utah lawmaker introduced a bill this week that aims to keep publicly accessible places family friendly amid rapidly changing norms about what that means.
State Rep. Colin Jack, R-St. George, publicly unveiled HB401, Adult-oriented Performance Amendments, on Monday. But he has been working on the bill ever since entering office in 2022.
'I want parents to have the comfort knowing that if they're out in public with their children, then they have a reasonable expectation to not be visually assaulted by an adult-oriented performance,' Jack told the Deseret News.
The bill, based on Tennessee legislation prohibiting 'adult cabaret performance,' would create a criminal offense for individuals engaged in an adult-oriented performance in a public place or in the presence of a minor.
An adult-oriented performance is defined as a live performance that is 'harmful to minors,' which includes:
The removal of clothing in a sexual manner.
Nudity.
The depiction of sexual conduct.
Sexually oriented dancing.
An act of lewdness as defined by a 2024 bill sponsored by Jack.
Under HB401, adult-oriented performances would be prohibited in any location where a substantial group of the public has access, including roads, parks, public recreation facilities, shopping centers, schools and certain businesses.
Individuals who engage in adult-oriented performances in public spaces that are accessible to minors can be charged with a class A misdemeanor if they are over 18 years old, or a class B misdemeanor if the individual is 16 or 17.
A subsequent violation of the law would be considered a third degree felony if the individual is at least 18 years old.
The bill would prohibit cities or counties in Utah from adopting or enforcing a conflicting ordinance.
Jack, who typically focuses on energy policy, sees his bill as an attempt to maintain family-friendly values in the Beehive State as other states expand 'family friendly' to include more behaviors.
'As parts of the country start to declare these things normal, I feel like certain elements are targeting Utah to try to normalize them here,' Jack said. 'And I think it shouldn't be.'
There were multiple activities engaged in during last year's pride parade in Salt Lake City that would have run afoul of his new bill, according to Jack.
But the enforcement of his bill, if it passes, will ultimately depend on which communities are willing to prosecute based on the complaints they receive, Jack said.
Critics have already begun to express worry that the bill unfairly targets certain groups with censorship.
Equality Utah, one of the largest LGBTQ activist groups in the state, confirmed they will speak with Jack about the bill on Wednesday.
House Minority Whip Sahara Hayes, D-Salt Lake City, said she is worried about how the bill could affect performances such as plays that parents could choose to bring their children to.
Hayes, who says she ran for office to advocate for LGBTQ+ youth, opposed Jack's 2024 lewdness bill — which was eventually signed into law — saying he cherrypicked the worst examples to justify a blanket ban that could have unintended consequences.
On Jack's current legislation, Hayes said that many of the acts prohibited by the bill are found in popular plays. As with R-rated movies, Hayes said the decision of what performances are viewed by a child should be left to the parent.
'I find it a frustrating bill in the first place because I do think it is trying to target drag through so many words. But I also think it's going to have ramifications in our performing arts sector in a really big way,' Hayes said.
The issue of controversial public performances was top of mind for Jack when he entered office in July of 2022.
Months earlier, HBO had filmed an episode of its drag queen reality show 'We're Here' in St. George's Town Square park.
The event sparked outcry among some city residents and led to the resignation of the city manager who approved the permits for the event.
In May 2023, drag performers sued St. George for denying a permit for a drag show. Following a court ruling, which allowed the drag show to move forward, the case ended with a private settlement in January 2025.
During his three sessions as a lawmaker, Jack has introduced at least one bill each session addressing his constituents' concerns about the kind of public events that should be allowed.
In 2023, Jack planned to introduce a similar bill to the one he is running this year. But with the model legislation in Tennessee being upheld in court, Jack opted for a bill that would require all events on public property with potential adult themes to have a sign warning people about it.
While the bill, HB329, garnered two dozen co-sponsors and passed the House with wide margins, it stalled in the Senate when concerns were brought up that it may have presented a liability for municipalities, Jack said.
In 2024, Jack successfully introduced HB244, creating new criminal penalties paired with an updated definition of lewdness involving a child, which would include things like simulating sexual acts with the intent to cause 'affront or alarm' to minors.
This year, a federal court ruling paved the way for Jack to pursue the policy he initially pushed for in response to the drag show in St. George.
In July, the 6th Circuit Court of Appeals upheld a Tennessee law banning 'adult cabaret performances' in public places.
This bill was a model for what Jack is trying to do with HB401 but Utah's version has more specific definitions, Jack said.
Now, with firmer legal footing, Jack expects his bill to move quickly through the Republican supermajority in the House and Senate this legislative session.
'There are those who feel like indecent material should be presented to minors. I don't, I don't think the majority of the Legislature feels that, I don't think the governor feels that, and I don't think the vast majority of Utahns feel that,' Jack said.