St. George • The city of St. George on Friday admitted to violating the First Amendment rights of a group of performers when it attempted to prevent a drag show from taking place at a local park.
The admission, as well as a written apology, came as part of a settlement reached between Southern Utah Drag Stars (SUDS) and the city. It ends a federal lawsuit brought against St. George over its denial of a permit for an all-ages Allies & Community Drag Show Festival at J.C. Snow Park in March 2023.
“St. George City regrets violating SUDS’ constitutionally protected right to free speech, it strives to uphold the U.S. Constitution, and it has worked with SUDS to favorably resolve the violation of SUDS’ rights,” the city said in a statement issued Friday.
“St. George City welcomes all citizens to hold special events in the future and respects the First Amendment rights of all community members,” the statement continued.
Attorneys with the American Civil Liberties Union of Utah, who represented Southern Utah Drag Stars and the group’s founder Mitski Avalōx in the suit, hailed the settlement as a victory for their client and the First Amendment.
“The courage of Drag Stars and Mitski Avalōx to bring this case affirmed what has always been true: all Utahns are entitled to the fundamental protections of the First Amendment,” said Thomas Ford, staff attorney at the ACLU of Utah. “This is a win not just for our clients, but for all people who care about limiting the government’s ability to impose subjective views of what they deem appropriate on all of us.”
ACLU officials said the agreement was especially significant now.
“Amid nationwide attacks on LGBTQ+ people, this settlement is a reminder that the First Amendment protects everyone,” said Emerson Sykes, senior staff attorney with the ACLU Speech, Privacy, and Technology Project. “Drag is undeniably a form of artistic and political expression and we couldn’t be more pleased that our clients’ rights have been vindicated.”
In denying Avalōx’s application for the drag show in 2023, the City Council cited an ordinance that bars organizations from advertising special events that haven’t yet been approved and permitted. When council members denied Avalōx’s subsequent appeal, Southern Utah Drag Stars filed suit in May 2023.
On June 16, 2023, U.S. District Judge David Nuffer sided with the Southern Utah Drag Stars, calling St. George’s actions an overreach and violation of Avalōx’s free speech rights and granted an injunction that required the city to allow the company to put on the show at the Sun Bowl while the litigation continued.
That event, which took place on June 30, drew hundreds of supporters and protestors.
More recently, in October 2023, Nuffer put the litigation on hold to allow both sides in the dispute more time to reach a settlement.
Avalōx is thankful the lawsuit is over.
“This victory isn’t just mine—it’s a win for every queer person who’s been told to stay invisible,” the business owner said. “Drag is a powerful form of expression, affirming that the First Amendment protects us all, including drag performers. The city council … tried to censor us but the Constitution was on our side.”
