(C) Daily Montanan This story was originally published by Daily Montanan and is unaltered. . . . . . . . . . . Attorneys: Butte official canceling trans speaking event demonstrated drag ban unconstitutionality – Daily Montanan [1] ['Nicole Girten', 'More From Author', '- August'] Date: 2023-08-17 A dozen different groups and individuals who are challenging Montana’s “drag ban” law said the Butte-Silver Bow County chief executive’s reason for canceling a lecture by a transgender woman demonstrates the law’s unconstitutionality. In court documents filed Wednesday, the dozen challenging the ban, which stems from House Bill 359, said Butte-Silver Bow County Executive J.P. Gallagher’s account “only bolsters Plaintiffs’ standing.” Attorneys for those challenging the ban also responded to the state’s arguments that plaintiffs did not suffer injury with the drag ban. In the lawsuit, the plaintiffs allege a law that bans drag performances in public spaces, and in schools and libraries during normal hours, with restrictions and potential fines for businesses, is unconstitutional. The law is now under a temporary restraining order from Lewis and Clark District Court. In just one incident discussed in the case, Gallagher canceled a lecture by transgender woman and plaintiff Adria Jawort earlier this summer just after Republican Gov. Greg Gianforte signed HB 359 into law. In court documents, Gallagher said he canceled the event out of an abundance of caution due to concerns it could violate HB359. But the attorneys for the group of plaintiffs said this reasoning supports their case. “He canceled Jawort’s scheduled lecture because of the ‘ambiguous language of HB 359 and possible criminal penalties and civil liability associated with violating HB 359,’” the filing read. Attorneys say Gallagher’s defense proves that the drag ban makes it difficult for residents to understand what is prohibited under HB 359 and who would be subject to criminal and civil penalties. They said they agreed with him, and “HB 359’s vagueness is at the heart of this litigation.” Gallagher said in his filing he had called and emailed Jawort to find a solution that would allow her to give a speech at the library in Butte without violating the ban. However, in the filing Wednesday, attorneys said it was only after the restraining order was issued that Gallagher offered to reschedule without conditions. “While the issue of whether Gallagher lawfully canceled Jawort’s lecture is not at issue … Gallagher’s assertions are powerful evidence of both standing and the likelihood of success on the merits,” the filing Wednesday read. Meanwhile, Attorney General Austin Knudsen and Superintendent of Public Instruction Elsie Arntzen, defendants listed in the lawsuit, have responded saying, in part, none of the groups were actually injured and therefore didn’t meet the threshold for issuing a preliminary injunction. However, attorneys for the groups responded that they only needed to prove the threat of HB 359’s chilled Montanans’ right to free speech in a First Amendment case. The attorneys gave other examples of the Myrna Loy theater in Helena and the Roxy Theatre in Missoula having shown films and booked live performances that would be considered “sexually oriented performances” under the law, and would define them as a “sexually oriented business.” “Both theaters face the threat of prosecution because they continue to operate their businesses as they have historically—showing performances to appropriate audiences, including minors,” plaintiffs filing read. “Further, they both have accepted state funds and therefore may be prosecuted for showing ‘sexually oriented performances’ even to adult-only audiences.” Attorneys defending state officials have also countered that Knudsen and Arntzen would not be enforcing the ban, and therefore shouldn’t be named defendants in the case. Attorneys for the groups disagreed, saying Knudsen has power to “order and direct” county attorneys, and Arntzen oversees teacher certification, which would be at risk for teachers who choose to host an event like Drag Story Hour at their school. They also rejected the idea that the bill was crafted to protect minors from potential harm. Attorneys for the plaintiffs said “legislators’ concern with the effects of regulated speech does not give them license to infringe speech.” The court will hear arguments about whether to grant a preliminary injunction on the law on Aug. 28. [END] --- [1] Url: https://dailymontanan.com/2023/08/17/attorneys-butte-official-canceling-trans-speaking-event-demonstrated-drag-ban-unconstitutionality/ Published and (C) by Daily Montanan Content appears here under this condition or license: Creative Commons CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/