Read the judge’s ruling

Case 2:23-cv-02176-TLP-tmp Document 14 Filed 03/31/23 Page 2 of 15

Constitution. Plaintiff Friends of George’s, Inc. moves for a Temporary Restraining Order (“TRO”) and Preliminary Injunction against Defendants State of Tennessee, Tennessee Governor Bill Lee, Tennessee Attorney General Jonathan Skrmetti, and Shelby County District Attorney Steve Mulroy (“Defendants”). (ECF No. 7 & 11.) Defendants responded (ECF No. 19), Plaintiff replied (ECF No. 20), and this Court held a hearing on the motion. After reviewing the Parties’ filings and considering the arguments from the hearing, the Court GRANTS Plaintiff’s motion

for a TRO.

BACKGROUND

PageID 124

In March 2023, the Tennessee General Assembly passed, and Defendant Governor Bill Lee signed, Public Chapter No. 2, 113th General Assembly 2023 (“Statute”). (ECF No. 19-1.) The Statute makes it “an offense for a person to perform adult cabaret entertainment,” either “(A) On public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.” (Id. at PageID 93.) The Statute defines “adult cabaret entertainment” as a single or multiple performances by an entertainer that are “harmful to minors, as that term is defined in [Tennessee Code Annotated] § 39-17-901, and that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers[.]” (Id.) A first violation of this provision is a Class A misdemeanor, and any subsequent violation is a Class E felony. (Id. at PageID 94.) The Statute will take effect on April 1, 2023. (Id.)

Plaintiff is a nonprofit organization based in Memphis, Tennessee, that produces “dragcentric performances, comedy sketches, and plays.” (ECF No. 10 at PageID 52.) Plaintiff filed this suit against Defendants under 42 U.S.C. § 1983 alleging that Defendants seek to “explicitly restrict or chill speech and expression protected by the First Amendment based on its content, its

2