Missoula, MT — A new bill introduced in the Montana Legislature is creating uncertainty for the city of Missoula, with concerns that it could jeopardize events such as the city’s Pride Parade. House Bill 675, sponsored by Rep. Caleb Hinkle, a Republican from Belgrade, seeks to provide a “private right of action” against drag performances or individuals who promote or conduct them, potentially opening the door for lawsuits up to three years after a performance.
Under the provisions of the bill, anyone attending a drag performance could file legal action if they believe the content is inappropriate, particularly if minors are exposed to it. Rep. Hinkle has argued that the bill is aimed at protecting children from “obscene content,” but local officials worry it could put the city in a difficult position, particularly regarding the issuance of permits for events like the Pride Parade.
“If this bill passes, it makes us consider whether we can issue permits for events that might violate its requirements,” said Ryan Sudbury, City Attorney for Civil Services in Missoula. “The mayor has expressed concern that events like the Pride Parade could be seen as supporting or endorsing activities prohibited by the bill.”
Sudbury also noted potential conflicts with First Amendment rights, explaining that the bill could lead to the city reviewing events based on their content, a move that could violate the Constitution’s protection of free speech. “Generally, the First Amendment prohibits content-based restrictions on speech. The question becomes whether we would have to review and potentially deny a permit based on the content of the event,” Sudbury said.
Rep. Hinkle has countered these concerns, emphasizing that the bill’s goal is to shield children from what he describes as sexually explicit performances. “The core of this bill is removing state enforcement over minors attending these highly sexualized shows, and instead giving the public the right to take action if a child is exposed to obscene content in public spaces,” he said during a committee hearing.
This bill comes on the heels of a law passed in 2023 that banned drag story events in public schools and libraries. That law, however, is currently on hold pending a court case that challenges its constitutionality, questioning whether it infringes upon the First Amendment rights of performers.
As House Bill 675 continues its way through the legislature, legal experts, city officials, and LGBTQ+ advocates are closely monitoring its potential effects. The ongoing debate centers on whether the bill strikes a balance between protecting children and safeguarding constitutional freedoms, with the outcome potentially impacting the future of public events like the Pride Parade in Missoula.
