A Millersburg drag dinner event in January is facing online criticism and a petition demanding the borough council take action.
The petition’s description reads, “A drag show open to or visible to anyone in the Borough under the age of 18 violates Ordinance 6-303 regarding promotion of pornography to minors.”
The show was previously open to people 14 and older if there was an adult present with the minor. Since the backlash, the minimum age limit has been changed to 18.
Though the ordinance does refer to pornography, First Amendment lawyer Craig Staudenmaier said that’s a hard standard to prove.
“Pornography is a defined term under the law based upon a U.S. Supreme Court decision,” Staudenmaier said. “It has to have no redeeming cultural or educational value — it has to be pretty bad.”
The petition further asks the borough council to use enforcement measures outlined in the ordinance if the Peace of Mind Cafe, where the drag dinner is taking place, doesn’t comply.
Staudenmaier said this enforcement mechanism could constitute a First Amendment violation.
“If it doesn’t meet the definition of pornographic, then asking them to fine someone for an activity that is permissible could entail First Amendment deprivation,” he said.
In response to the backlash, the Millersburg borough council scheduled a special meeting on Dec. 20 for community members to share their opinions.
A poster for Drag Dinner at the Peace of Mind Cafe in Millersburg.
The meeting announcement said participants will need to show identification to get into the building to prioritize borough residents. If space permits, township residents will also be allowed in.
The borough council originally moved the meeting from the borough building to a high school auditorium for more space before announcing they would be back in the borough building, citing the student events occurring on the same night.
Local activist Victoria Rosencrans lives in nearby Sunbury and said she believes the move to a smaller venue is on purpose.
“I think what they’re doing is they’re trying to limit who can get in there, how many people, what people are going to say,” Rosencrans said.
She said she has reviewed the ordinance with a lawyer and intends to pursue legal action if the borough tries to block the drag dinner from happening.
For Rosencrans, who has performed as a drag king in the past, the insinuation that drag is pornographic or dangerous for kids is insulting. She said it’s a performance, and it’s important for LGBTQ+ kids to be welcomed into an accepting community.
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