Federal Judge Strikes Down Texas Drag Show Ban Again

U.S. District Judge David Hittner struck down Texas Senate Bill 12 on Tuesday, August 25, 2026, ruling for the second time that the state's 2023 law restricting public drag performances violates the First Amendment.

The decision permanently blocks Texas Attorney General Ken Paxton from enforcing the statute, which sought to penalize businesses hosting sexually explicit performances with fines up to $10,000 and subject performers to misdemeanor charges carrying up to a year in prison.

The law previously went into effect in early 2026 after the 5th U.S. Circuit Court of Appeals lifted an initial injunction issued by Hittner in September 2023, remanding the case back to the district court for further analysis.

Following his updated review, Hittner concluded that SB 12 was unconstitutionally vague and overly broad. He noted the statute's definitions of performance and nudity were open-ended enough to potentially criminalize high school cheerleading, sports matches, dance contests, and public appearances by figures like Dolly Parton or Elvis impersonators.

Addressing opponents of drag shows in his 34-page ruling, Hittner offered a straightforward remedy for those offended by such events.

"The solution is relatively simple ... just don't go," wrote U.S. District Judge David Hittner.

Plaintiffs in the lawsuit included business entities Extragrams LLC and 360 Queen Entertainment LLC, alongside Austin-based drag performer Brigitte Bandit, represented by the ACLU of Texas and Baker Botts LLP.

The lawsuit initially included local advocacy groups, but the appellate court dismissed The Woodlands Pride and Abilene Pride Alliance for lacking legal standing, leaving Paxton as the sole defendant in the finalized proceedings.

The litigation team and plaintiffs welcomed the federal court's decision as a major protection for free expression and artistic freedom.

"Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish," said Brian Klosterboer, senior staff attorney at the ACLU of Texas.

He underscored that free expression remains a guaranteed right for everyone in the state.

"Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background — are guaranteed the right to free expression. We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair," said Klosterboer.

Legal representatives involved in the defense of free expression echoed the sentiment regarding the constitutional validation of artistic performance.

"I’m glad to see that the district court recognized the rights of drag performers to express their artistry," said Brandt Thomas Roessler, senior associate at Baker Botts LLP.

He noted the firm's involvement in defending civil liberties.

"Baker Botts is proud of its continuing commitment to pro bono work, including the advocacy of LGBTQ+ civil rights," said Roessler.

Performers directly targeted by the legislation shared their relief following the resolution of the legal challenge.

"Drag has always been a form of free expression, and it is a relief that the court recognized that today," said Brigitte Bandit, drag performer.

She criticized state leaders for pursuing restrictions against artists.

"We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us," said Bandit.

Entertainment business owners involved in the lawsuit highlighted the ruling's broader significance for constitutional protections.

"At a time when the resilience of the U.S. Constitution is being tested, the LGBTQ community continues to be at the forefront of protecting freedom of expression. This ruling further demonstrates that drag is protected speech," said Richard Montez, co-owner of 360 Queen Entertainment.

He emphasized the importance of the outcome for performing artists.

"This is a major win for free speech, queer art, and every performer who refuses to be silenced. 360 Queen Entertainment celebrates this victory with pride," said Montez.

Other business organizers described the financial and social chill the contested law had caused across Texas venues during the multi-year legal battle.

"Today, we get to celebrate a victory over an effort to intimidate our community into being quieter, smaller, and less visible," said Kerry Lynn, founder and creative services director of Extragrams.

She noted that the legal framework of SB 12 created unnecessary confusion and disrupted public performances.

"The root of this fight has always been discrimination disguised as concern. S.B. 12 was written in a way that created fear and confusion around drag — it discouraged bookings{ "title": "Federal Judge Strikes Down Texas Ban on Drag Shows", "title_slug": "federal-judge-strikes-down-texas-drag-ban", "description": "A federal judge ruled Texas Senate Bill 12 unconstitutional, blocking enforcement of state restrictions on public drag show performances.", "keywords": "Texas drag ban, Senate Bill 12, Judge David Hittner, Ken Paxton, LGBTQ rights, ACLU Texas", "category_id": "13", "tags": "Texas, Drag Show, First Amendment, Lawsuit", "thumbnail": "federal court building exterior gavel", "translated_caption": "Texas Attorney General Ken Paxton's office has defended the law in court. Kylie Cooper / Reuters file", "content": "

A federal judge in Houston ruled Texas Senate Bill 12 unconstitutional on Tuesday, August 25, 2026, issuing a permanent injunction to block state officials from enforcing restrictions on public drag shows and sexually oriented performances.

U.S. District Judge David Hittner determined that the 2023 legislation improperly restricted speech in violation of the First Amendment. The ruling prevents Texas Attorney General Ken Paxton from imposing penalties under the statute while denying his motion for a new trial and additional discovery.

Under Senate Bill 12, business owners faced civil fines of up to $10,000 for hosting prohibited events, while performers faced Class A misdemeanor charges punishable by up to one year in prison. The law targeted performances on public property or in front of individuals under age 18.

Judge Hittner initially struck down the measure in September 2023, but the 5th U.S. Circuit Court of Appeals vacated the decision in February 2026 due to standing issues regarding specific plaintiffs. After dismissing two pride groups, Hittner reconsidered the case with the remaining plaintiffs and reaffirmed that the statute's broad definitions could improperly criminalize sports matches, cheerleading, and mainstream theatrical shows.

The lawsuit was originally brought by the ACLU of Texas and Baker Botts LLP on behalf of venue operators and performers, including Austin drag artist Brigitte Bandit. State Republican leaders, including Gov. Greg Abbott and Lt.

Gov. Dan Patrick, previously championed the legislation as a measure to protect children from sexualized displays.

In his 34-page ruling, Judge Hittner emphasized that the law was unconstitutionally vague and overbroad, noting that critics of such events retain a simple alternative.

"The solution is relatively simple ... just don’t go," wrote U.S. District Judge David Hittner.

Legal representatives for the plaintiffs welcomed the ruling as a crucial protection for free expression across the state.

"Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish," said Brian Klosterboer, senior staff attorney at the ACLU of Texas. "Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances.

But all Texans — no matter our gender or background — are guaranteed the right to free expression. We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair."

Legal counsel involved in the pro bono litigation highlighted the constitutional implications of the court's order.

"I’m glad to see that the district court recognized the rights of drag performers to express their artistry," said Brandt Thomas Roessler, senior associate at Baker Botts LLP. "Baker Botts is proud of its continuing commitment to pro bono work, including the advocacy of LGBTQ+ civil rights."

Performers involved in the lawsuit expressed relief after years of legal uncertainty surrounding public shows.

"Drag has always been a form of free expression, and it is a relief that the court recognized that today," said Brigitte Bandit, drag performer. "We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us."

Entertainment group executives noted that the law had caused widespread disruption across the state's arts economy.

"At a time when the resilience of the U.S. Constitution is being tested, the LGBTQ community continues to be at the forefront of protecting freedom of expression. This ruling further demonstrates that drag is protected speech," said Richard Montez, co-owner of 360 Queen Entertainment. "This is a major win for free speech, queer art, and every performer who refuses to be silenced. 360 Queen Entertainment celebrates this victory with pride."

Production companies reported that the threat of enforcement had previously chilled event bookings and venue operations.

"Today, we get to celebrate a victory over an effort to intimidate our community into being quieter, smaller, and less visible," said Kerry Lynn, founder and creative services director of Extragrams. "The root of this fight has always been discrimination disguised as concern. S.B. 12 was written in a way that created fear and confusion around drag — it discouraged bookings, pushed artists out of public spaces, and helped create a harmful narrative around a cherished art form rooted in joy, creativity and expression. At Extragrams, we’ve continued bringing drag into celebrations throughout this fight, and this decision affirms what we have said from the beginning: Our performers, our audiences, and our art have a rightful place in Texas communities."

Community advocacy organizations framed the ruling as an essential defense of civil liberties for performers nationwide.

"Yaassss Queens! We did it; we defeated bigotry and preserved individuals’ rights to free expression," said Verniss McFarland III, founder and executive director of The Mahogany Project. "This decision is a win our community needs at the moment and one worth celebrating.

Our local drag entertainers and entertainers across the nation are the backbones of LGBTIA+ communities. Often supporting financially and civically to ensure the community and its people have the ability to shine like rhinestones."

Civil rights groups reiterated that constitutional protections apply equally to artistic performances.

"Drag is art, drag is joy, and drag is protected expression," said Brad Pritchett, CEO of Equality Texas. "Lawmakers cannot erase LGBTQIA+ people and this ruling is a win for all of us!"

The Texas Attorney General's office did not immediately respond to requests for comment following the issuance of the permanent injunction.