FRANKFORT, Ky. — A pair of Republican lawmakers want to regulate adult-oriented businesses on a state level.
State Rep. Nancy Tate, R-Brandenburg, and State Sen. Lindsey Tichenor, R-Smithfield, filed identical bills to do just that. They are House Bill 402 and Senate Bill 147.
While counties currently regulate how those kinds of businesses operate, this would create a unified set of regulations. Tichenor adds counties could make local ordnances stricter than what she proposes.
If passed, businesses like adult bookstores or adult cabarets could not operate within 933 feet of a child care facility, park or other area where children are present. That specific distance, Tichenor says, is the average length of a city block.
“For decades, minors under the age of 18 have been protected from sexual activity, sexual materials and sexual performances. This language is a continuance of the spirit of these previous public protections,” Tate said.
The bill would also define an adult-oriented business as a place where a sexually explicit drag performance occurs. People under 18 could not attend such performances.
As of now, exactly what would that would include is not known.
Businesses who violate the new law would be subject to civil suits, or losing their business or liquor license.
HB 402 and SB 147 mirror Tichenor’s 2023 bill SB 115. It ultimately died in the House.
“What’s different about this bill? Any infringement on the regulations, the business will be held liable. In SB 115 it was the performer that was held liable,” Tichenor said.
During a news conference ahead of the bill filing, Tichenor was asked if a drag brunch would be affected by her proposal, “If it met the definition of sexually explicit then yes it would, and this is specific to sexually explicit performances.”
Chris Hartman, executive director of the Fairness Campaign, does not support the new bills.
“It’s unconstitutional,” Hartman said. “It’s a violation of the First Amendment of the U.S. Constitution, and we’re going to see that in court.”
Hartman adds minors already may not attend sexually explicit performances.
“I don’t know what problem it is they think they’re trying to solve, except what I know they’re trying to do is to shut down Pride Festivals all across the Commonwealth of Kentucky. The intent of these bills is to keep drag out of public places,” Hartman said.
Tichenor believes the bills do not infringe on the First Amendment.
“Again this is not to limit drag, this is not to limit access to adult content, it is strictly to keep children away from sexually explicit content,” Tichenor said.
According to a news release on the two bills, “sexually explicit drag performances would also face stricter scrutiny, including a prohibition of them on state and local government properties like public libraries and other locations that cater to minors.”