A state law restricting drag “story times” remains on hold nearly three years after its passage.
House Bill 359 prohibits “sexually oriented” shows at libraries, schools or other public areas, with fines starting at $1,000 dollars. On Friday, the U.S. court of appeals upheld a preliminary injunction stopping enforcement of the law until a final verdict is reached.
A group of businesses and individuals sued the Montana Attorney General and state superintendent soon after legislators passed the law in 2023. They argued the law hurts their first amendment right of expression and is overly broad, leaving it up to interpretation. Plaintiffs include a community theater concerned about enforcement against unrated films and a transgender woman whose speaking engagement was cancelled at a public library citing the law.
In its Friday opinion, the court of appeals says plaintiffs were able to demonstrate the harm of the law and affirmed the lower court’s finding.
