A state law banning drag shows in the presence of minors in Texas will go into effect on March 18 after over two years of inactivity. While drag shows were banned on University campus last year, this law applies statewide. 

The U.S. Court of Appeals for the Fifth Circuit overturned a federal court’s order that declared Texas Senate Bill 12 unconstitutional on Feb. 25. The bill, which first came into effect in 2023, prohibits “sexually oriented” performances in the presence of minors, including drag shows. The Fifth Circuit’s decision will return the case to district courts for further evaluation, and the bill can be enforced in the meantime, according to the American Civil Liberties Union of Texas. 

The bill allows the attorney general to civilly fine establishments up to $10,000 for hosting prohibited performances, according to the ACLU. Kevin Wyld, an attorney who specializes in LGBTQ+ law, said a violation of its rules is also a Class A misdemeanor, which is “comparable to drug possession” and “just shy of a felony.”

If convicted for a class A misdemeanor, a person could face up to $4,000 fine and up to a year-long sentence in county jail.  

“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling,” Brian Klosterboer, senior staff attorney at the ACLU of Texas, wrote in a statement. 

A chilling effect discourages people from self-expression due to fear of consequences or retaliation, according to the Foundation for Individual Rights and Expression. Wyld said the bill’s unclear language will likely slow down everything in the drag space, even the family-friendly shows it doesn’t directly affect.

“If the law is vague and people can’t figure out what it applies to, … then people are often going to err on the side of caution, and then the restriction winds up being broader than just what’s written on paper,” Wyld said. 

West Campus co-ops like Pearl Street are known for hosting events and live music. Angel Ribbons, drag performer and New Guild Co-op resident, said they “attract the artists” and the “oddballs.” 

Ribbons said drag is “the performance of gender,” and it should be protected within free speech and self-expression. She said it’s becoming increasingly difficult to “maintain a queer space” in Austin amidst this legislation. 

“(The bill is) a threat to art and drag performers, and censoring art is always bad,” Ribbons said. “The real people that are at risk are trans people in their day-to-day lives, because we’re not wearing it as a costume … that’s ultimately who our community needs to protect in this moment.”

This decision follows the UT System Board of Regents’ ban of drag shows on university campuses in March 2025. It also comes after a 2025 release from Gov. Greg Abbott directing Texas agencies to “reject woke gender ideologies.” 

Because of the University ban, “The Rocky Horror Picture Show,” a decade-long University tradition, moved off-campus last year to the Pearl Street Co-op in West Campus to perform with no University funding or support, according to the event’s fundraiser. Maggie Cook, director and UT alum, said they were “devastated,” and they “felt the responsibility” to keep the show alive.