Bill advances to criminalize exposing minors to ‘obscene performances’

DES MOINES — A bill in the Iowa Senate would criminalize exposing minors to “obscene performances,” which LGBTQ+ advocates argue would be used to target drag events and venues that host them.

Senate File 116 would bar public institutions in the state from hosting or funding such events.

The bill also would allow parents or guardians of a minor to sue if their child is exposed to a performance they believe falls under the bill’s definition of obscenity. The proposal sets the minimum award for damages at $10,000.

A person would be guilty of an aggravated misdemeanor if they knowingly let minors onto a premises where an obscene performance is held or provide them a ticket to such a performance.

The Iowa Senate Judiciary subcommittee advanced the bill to the full Judiciary Committee on a 2-1 vote, with Sen. Janice Weiner, D-Iowa City, declining to sign on. The bill is similar to one introduced last year.

Obscenity definition

State Sen. Sandy Salmon, R-Janesville, was one of the Republicans who brought the bill forward.

“I had constituents complain to me about performances that, if not meeting the definition of obscenity in our law, at least approach that definition,” Salmon said.

The bill defines an obscene performance as one that involves exposed real or prosthetic genitals and sexual acts. The definition also includes performances that appeal to the “prurient interest,” are “patently offensive” and, when taken as a whole, lack “serious artistic, literary, political or scientific value.”

The legislation comes as conservatives target LGBTQ+ Pride events, including drag story times where drag performers read to children at libraries and bookstores. Opponents argue the events expose children to “sexualized behavior.”

Keenan Crow, representing One Iowa, an LGBTQ+ advocacy organization, said the bill is an attempt to slam venues with frivolous lawsuits and make them reconsider hosting drag shows and events.

“We don’t want children exposed to obscenity, but as Sen. Salmon said, the goal of this is actually not to enforce the obscenity statute, it’s to allow parents to sue to determine whether or not something is obscene,” Crow said.

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Weiner, of Iowa City, said she agrees minors should not be exposed to material that falls under the definition of obscenity set in place by the U.S. Supreme Court, but she noted the bill goes beyond that definition.

“If someone is harmed, they already have a cause of action, and if there is a crime committed, the county attorney and attorney general already have authority,” Weiner said.

“This bill, as written, could encourage potential frivolous or bad actors to shake down local governments and private businesses, and that's the taxpayer on the hook,” she said.

Public comments

Rosemary Adams spoke to the subcommittee Wednesday, expressing concerns over the bill’s broad definition of “performance.”

“Different juries and different judges are going to be able to make their own individual determinations until it ends up at the Supreme Court,” Adams said. “Why wait for that point? Why would we not just define it right now?”

Ryan Benn, representing The Family Leader, a conservative Christian organization, said the bill would close a loophole in Iowa’s obscenity code.

“We, like most Iowans, believe it's important to protect kids from obscenity,” Benn said. “Our understanding of this bill is it just fixes a loophole in the law right now where it's illegal to show obscene material, like an obscene movie or something, to a minor, but it's not illegal right now to perform obscenely yourself.”

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Performance defined

Sen. Jeff Taylor, R-Sioux Center, said he supports the bill but would like to see a narrower definition of performances in the legislation.

He also said the civil provision would give county attorneys a “nudge” to take on obscenity cases because they are rarely prosecuted.

“Something that's obscene is, by definition, not protected by the First Amendment, and that's regardless whether you're sharing that with adults or with children,” he said. “But to me, especially in the case of children, I feel like this is appropriate.”

Comments: mmarchelhoff@qctimes.com