While Texas legislators passed legislation last session to prevent minors from entering the premises of a sexually-oriented business (SOB), the recent rise of drag shows for kids at bars has raised questions about the scope and limitations of the law.

In Roanoke, Anderson Distillery and Grill is hosting a “Barrel Babes: Drag Brunch” event on Sunday, August 28.

This business did not apply for a permit as a sexually oriented business, “it was approved as a distillery and grill,” Roanoke City Manager Scott Campbell explained in an email to The Dallas Express.

The Dallas Express asked Campbell if he believed events such as this “drag brunch” were sexual in nature, and he pointed to the City’s zoning ordinance, which “does address and define Sexually Oriented Businesses.”

“If a business were found to violate its allowed use with activity that met the technical definition of an SOB, we would address it accordingly as prescribed in the zoning ordinance,” Campbell remarked.

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The City of Roanoke’s ordinance defines a sexually oriented business as “an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.”

When asked if the event hosted by Anderson Distillery & Grill would be categorized under this zoning ordinance, Campbell responded, “I find no references to drag shows. However, each business type mentioned above is also defined in the code, so it would ultimately come down to whether or not the actual activity occurring fell within those definitions.”

“For instance, if the activity involved someone appearing in a state of nudity or exposing themselves as defined in the ordinance, that would appear to be activity that falls within the definition of ‘adult cabaret,’ which is an SOB by definition. If that were the case, the City would address this with the business as a zoning ordinance violation.”

Campbell also said, “Anyone [who] feels a business has violated the zoning ordinance by operating as an SOB can certainly reach out” to him. “At that point, we would investigate with the business to determine if the activity did result in a violation of the zoning ordinance,” he concluded.

Texas Comptroller Glenn Hegar recently announced that his office is investigating whether businesses such as Anderson Distillery and Grill would be liable to pay state fees for operating a sexually oriented business due to the hosting of drag shows and other similar events.

Cindi Castilla, President of Texas Eagle Forum, said that the will of the legislature is clearly “against the sexualization of children in Texas” based on the unanimous Senate Bill 315 vote.

She explained, “it is abuse to subject children to sexualize[d] material in any form” and also observed that “Local governments should create rules that protect children from hyper-sexualization in their municipality.”

Castilla said she, “appreciates the Comptroller’s investigation into businesses that are providing sexually oriented shows and yet escaping the regulations to which a sexually oriented business is subjected.”

The Dallas Express reached out to several LGBTQ organizations, such as Equality Texas and Transgender Education Network of Texas, for comment on these types of shows and the current cultural debate on their appropriateness for minors, but none responded.

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