Backers of Ohio indecent exposure bill urge lawmakers to curb 'obscene' drag queens

COLUMBUS, Ohio (WCMH) -- Supporters of a bill that would tighten Ohio's laws on public nudity and "adult cabaret performances" told lawmakers Wednesday the measure is needed to protect children from "obscene" drag queen shows and sexually explicit content in public spaces.

The Ohio House Judiciary Committee heard proponent testimony on House Bill 249, legislation that would prohibit nudity and sexual conduct in public and limit performances deemed "harmful to juveniles." The bill defines an adult cabaret performance as one featuring topless or go-go dancers, strippers, or "entertainers who exhibit a gender identity that is different from the performers' or entertainers' biological sex."

H.B. 249 would ban these shows in all locations other than "adult cabarets," meaning "a nightclub, bar, juice bar, restaurant, bottle club or similar establishment." Named the "Indecent Exposure Modernization Act," the bill was introduced in May by Reps. Josh Williams (R-Sylvania) and Angela King (R-Celina), with majority Ohio House Republican support. Watch a previous NBC4 report on H.B. 249 in the video player above.

The bill has been condemned by local LGBTQ+ organizations, like Equality Ohio, which argued at the time of legislation's introduction that it would restrict any gender nonconforming performance in public. Dwayne Steward, the group's executive director, said the bill is "a blatant attempt by politicians to suppress cultural expression under the guise of protecting children."

"Across generations from immigrant families, Black communities to LGBTQ+ Ohioans, art has been more than expression; it has been a declaration of existence, resilience, and pride," Steward said. "Drag is a powerful embodiment of that spirit. It is vibrant, unapologetic, and deeply rooted in our cultural fabric. ... Drag isn't just performance, it's power. And it's here to stay."

Jason King, a Celina pastor and city council president, was among those who spoke in favor of the bill on Wednesday. King described drag performances at Celina's Pride event as "filled with obscene sexual gestures, provocative dancing, partial nudity, and obscene signs carried about by adults and children alike." He said one sign at the event contained a sexual reference and image, adding, "All of this was done in our public park with children present."

"Our public parks are specifically designed for individuals and families to congregate in freely and enjoy without the worry of feeling compromised or being violated," King said. "There's a time and a place for [adult-themed performances], if one should choose or prefer such, but not in the presence of children or unsuspecting families using the parks."

David Mahan, policy director at the Center for Christian Virtue, said Wednesday that critics have misrepresented the bill's intent. "Despite all of the media spin designed to muddy the true intent of this legislation, the bill language could not be any more clear," Mahan said Wednesday.

"H.B. 249 does not ban strip clubs, drag shows or anything of the sort," he continued. "It simply prioritizes the fundamental needs of children over the superficial desires of adults, by applying the standards for 'pandering obscenity' and 'material harmful to minors' currently defined in code, to obscene public performances."

Lawmakers questioned Mahan about how the bill would apply to mainstream music concerts. Rep. Eric Synenberg (D-Beachwood) asked whether artists like Taylor Swift could face restrictions under the proposal.

"This particular piece of legislation is just dealing with performances that do rise to our current definition of obscenity," Mahan said. "If somebody would decide not to come to this state because they think they may be borderline pandering obscenity, then I don't know if that would be bad for our state. ... I don't think that the bill would prevent most acts from coming to the state of Ohio."

Rep. Brian Stewart (R-Ashville) noted that the measure exempts "a bona fide film, theatrical or other artistic endeavor" not considered obscene to minors. "Is it also fair to say then, we know there's not a harm for Beyoncé or Taylor Swift getting arrested in Ohio … is that a fair read?" Stewart asked. Mahan replied, "Yes."

Kelly Lunneberg of Ashtabula told lawmakers her home overlooks Walnut Beach, where she said her young children have seen "adult entertainment from our own backyard" during Pride events.

"The drag performances held during Pride events at Walnut Beach have featured adult entertainers who engage in indecent and sexually suggestive dancing and attire, despite the events being promoted as 'family friendly,'" Lunneberg said. She added that she has seen children "encouraged to tip money to adult performers."

When asked by Synenberg whether she thinks dressing as a different gender is inherently harmful, Lunneberg replied, "No ... your presenting identity does not have to be different than that of your biological reality. … I think it covers across the spectrum, whether it's what's considered a drag queen, a drag king, or an adult entertainer of any sort -- it's not appropriate in public places, there's a reason we keep it behind closed doors."

Janell Holloway, a Xenia resident, recalled encountering a trans woman named Rachel Glines while changing inside a YMCA women's locker room in 2022. While Glines was charged with public indecency, she was found not guilty by a Xenia judge because her genitals were not directly visible. In a previous hearing, legislators said Glines would've been convicted under H.B. 249, which changes Ohio law from prosecuting exposure of "private parts" to "private area," meaning "the genitals ... where nude or covered by an undergarment."

"In the weeks following this horrifying experience, I discovered that dozens of women and young girls had also seen [Glines] completely naked in the women's locker room at the YMCA," Holloway said Wednesday. "My life has been forever changed because of that one incident in the women's locker room. I was mocked by the responses I received from the YMCA. And then the justice system failed me."

Like Williams and King's previous proposal, H.B. 249 outlines the following penalties if Ohioans are found violating the legislation:

• A misdemeanor of the first degree if a performance occurs in the presence of a juvenile under the age of 18.
• A felony of the fifth degree if the performance is "obscene."
• A felony of the fourth degree if the performance is "obscene" and occurs in the presence of a juvenile under the age of 13.

H.B. 249 remains under consideration in the House Judiciary Committee. Lawmakers are expected to hear opponent testimony at a future hearing.