Judge dismisses Blount Pride lawsuit over Tennessee’s drag performance law

NASHVILLE, Tenn. — A federal judge has thrown out the lawsuit filed by Blount Pride, Inc. and drag performer Matthew Lovegood against Blount County District Attorney Ryan Desmond and Maryville Police Chief Tony Crisp.

The ruling, issued October 24 by U.S. District Judge J. Ronnie Greer, ends more than a year of legal battles over the 2023 Blount Pride Festival at Maryville College. The festival featured a drag performance that drew attention after Desmond sent a letter warning that Tennessee’s new Adult Entertainment Act could apply if the show included material considered harmful to minors.

Blount Pride and Lovegood claimed the letter violated their First Amendment rights and was meant to intimidate organizers. The judge disagreed, saying the group had not shown any real threat of prosecution or harm.

In his 19-page order, Judge Greer wrote that the plaintiffs “lacked standing” to sue because they admitted their performances did not break the law and faced no active enforcement action. He also found that Desmond’s letter — which stated his office would review any potential violations only after the event — did not amount to retaliation or censorship.

The court said Desmond was protected by qualified immunity, meaning his actions did not clearly violate any established constitutional rights. The claims against Chief Crisp were also dismissed because there was no evidence of ongoing interference or any unconstitutional city policy.

The decision follows a similar outcome in another Tennessee case, Friends of George’s v. Mulroy, where an appeals court also ruled that drag performers in Memphis could not challenge the law because they had not been threatened with prosecution.

With both lawsuits dismissed, Tennessee’s Adult Entertainment Act remains in effect. The law, passed in 2023, bans adult-oriented performances that could be viewed by minors on public property. Supporters say it protects children, while critics argue it unfairly targets drag and LGBTQ+ performers.

Attorney General Jonathan Skrmetti praised the ruling, saying, “My office is proud to defend Tennessee laws that protect our children and the state officials who enforce them. The First Amendment guarantees the freedom of Tennessee’s extraordinary artists, but nobody has a right to expose kids to explicit performances.”

The decision marks the end of the Blount Pride case and reinforces that Tennessee prosecutors can enforce the state’s adult-entertainment restrictions unless higher courts rule otherwise.