St. George • A federal judge has put Southern Utah Drag Stars’ lawsuit against St. George and city officials on hold to allow both sides in the dispute over allowing drag shows in municipal parks and public spaces more time to negotiate a settlement.
Acting on the request of attorneys for both parties last Wednesday, U.S. District Judge David Nuffer granted a stay on the lawsuit, which essentially stops the litigation — temporarily at least — from proceeding.
“The purpose of the stay is to allow the parties to engage in mediation with the hope of resolving this dispute in its entirety,” stated American Civil Liberties Association attorney John Mejia, who is representing Southern Utah Drag Stars in the lawsuit, and attorney Scott Young, who is representing St. George, according to court documents.
Attorneys for the ACLU and St. George have been trying to reach a settlement for the past two months and are reportedly optimistic about the prospects of reaching a deal, although neither side will comment on the details of the ongoing negotiations.
In May, a month after St. George denied Southern Utah Drag Stars a permit to stage the Allies & Community Drag Show Festival at J.C. Snow Park, the company and its CEO, Mitski Avalōx, sued the city and municipal leaders, accusing them of violating its constitutional rights as part of a protracted effort to target drag and LGBTQ+ events.
On June 16, 2023, Nuffer sided with the Southern Utah Drag Stars and its CEO, Mitski Avalōx, calling St. George’s actions an overreach and a violation of Avalōx’s constitutional right to freedom of speech and expression and granting an injunction requiring the city to allow the company to stage the show at the Sun Bowl, where the event took place on June 30. However, the litigation over the lawsuit continued until the judge issued the stay last week.
Even though the two parties are pursuing the settlement route, St. George officials are optimistic about getting a favorable outcome if the litigation were to resume.
“While we feel confident in our position,” St. George spokesperson David Cordero said, “we have mutually agreed to discuss the possibility of reaching a resolution on this case in a way that satisfies both parties. Accordingly, the court has agreed to temporarily stay the litigation while we work to a potential resolution.”
ACLU of Utah officials declined to weigh in on Nuffer’s ruling, citing their policy of not commenting on ongoing negotiations or pending legal action until a settlement is reached or the judge issues a final ruling.
For her part, LGBTQ advocate Katheryne Knight welcomes a cease-fire in the culture wars that led the City Council to oust former City Manager Adam Lenhard last October for his refusal to deny a permit for a summer drag show on city property and have divided residents and elected officials ever since.
“Even though this lawsuit was initiated in response to the [city’s] treatment of Mitski Avalōx and Southern Utah Drag Stars, the ruling in this case represents everyone in and out of the LGBTQ+ community and their rights,” she said.
“The goal …,” Knight added, “is to discontinue discriminatory behavior and abuse of elected authority. Ultimately, we are here to be inclusive, we are here to move forward, and at the end of the day, it will take all of us working together to make the progress our entire community deserves — and I’m hoping we can do just that.”
