A bill in the Iowa Legislature aims to make exposing minors to an "obscene performance" a crime, with some warning that as written it could result in wide-ranging lawsuits and discourage LGBTQ+ pride parades and drag shows.
The legislation, Senate File 2176, would make knowingly exposing anyone under 18 to such a performance a serious misdemeanor, as well as knowingly selling a ticket or admitting a minor to a venue where such a performance is held. The bill defines "obscene performance" as invoking sexual acts or "appeals to the prurient interest and is patently offensive."
Sen. Sandy Salmon, R-Janesville, who is sponsoring the bill, said "obscene performance exposure is exactly what is done to groom children for sexual abuse and exploitation."
"It breaks down children's God-given modesty," said Salmon, who last year introduced a bill banning children from attending drag shows.
Salmon's new bill, which a subcommittee advanced Wednesday, does not explicitly name drag shows as obscene performances. But Keenan Crow, of One Iowa, said they believed that was the "genesis" of the legislation.
Crow aired concerns Wednesday about language in the bill that allows for a parent or guardian to bring a lawsuit against "any person that has knowingly disseminated or exhibited obscene material" to the minor, and to seek damages or other relief.
"What I'm worried about is that there will be some extremely litigious activists on this, that will bring suit after suit after suit," Crow said.
Concerns about the private cause of action language were echoed by two other senators, one of whom honed in on other language banning "obscene performances" in any public institution or facility.
Sen. Mike Klimesh, R-Spillville, said as written, he was worried that it could lead to "shotgun lawsuits" against a variety of local officials stemming from a public event like a pride parade.
"Where does the liability train stop?" Klimesh said. "Does it stop with city government, does it stop with the mayor?"
Klimesh voted to advance the legislation but said he wanted to see the bill changed in committee.
The legislation, Senate File 2176, would make knowingly exposing anyone under 18 to such a performance a serious misdemeanor, as well as knowingly selling a ticket or admitting a minor to a venue where such a performance is held. The bill defines "obscene performance" as invoking sexual acts or "appeals to the prurient interest and is patently offensive."
Sen. Sandy Salmon, R-Janesville, who is sponsoring the bill, said "obscene performance exposure is exactly what is done to groom children for sexual abuse and exploitation."
"It breaks down children's God-given modesty," said Salmon, who last year introduced a bill banning children from attending drag shows.
Salmon's new bill, which a subcommittee advanced Wednesday, does not explicitly name drag shows as obscene performances. But Keenan Crow, of One Iowa, said they believed that was the "genesis" of the legislation.
Crow aired concerns Wednesday about language in the bill that allows for a parent or guardian to bring a lawsuit against "any person that has knowingly disseminated or exhibited obscene material" to the minor, and to seek damages or other relief.
"What I'm worried about is that there will be some extremely litigious activists on this, that will bring suit after suit after suit," Crow said.
Concerns about the private cause of action language were echoed by two other senators, one of whom honed in on other language banning "obscene performances" in any public institution or facility.
Sen. Mike Klimesh, R-Spillville, said as written, he was worried that it could lead to "shotgun lawsuits" against a variety of local officials stemming from a public event like a pride parade.
"Where does the liability train stop?" Klimesh said. "Does it stop with city government, does it stop with the mayor?"
Klimesh voted to advance the legislation but said he wanted to see the bill changed in committee.
Iowa bill aimed at 'obscenity' & kids spurs concerns of chilling drag shows, pride parades
An Iowa bill aims to make exposing minors to an "obscene performance" a crime. Some warned that its language could.
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