Unlike a similar bill introduced last year, the new legislation would hold businesses rather than performers liable when "sexually explicit content" is offered within an average city block of places like schools, libraries, or arcades.
"This is not to limit access to adult content. It is strictly to keep children away from sexually-explicit content." — Sen. Lindsey Tichener
Republican Sen. Lindsey Tichenor maintains the bill doesn't specifically target drag shows, but says they could fall under the umbrella of the bill.
"There was a lot of tension around this bill specifically last year in regards to drag performances, and those have been appearing in public places, in parks and parades, and some of those have been sexually-explicit content, so therefore it would limit those types of performances," the senator said. "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."
Sponsors were questioned about what constitutes "sexually explicit." They promised the bills would lay out extensive definitions, but residents of local communities or county attorneys could raise civil complaints.
HAPPENING NOW: Representative Nancy Tate is joined by Senator @tichenor4ky to discuss HB 402 and SB 147, measures aimed at regulating adult oriented business.
— KY House Republicans (@KYHouseGOP) January 30, 2024
Follow along live on our caucus Facebook page: https://t.co/03y0qYeu0r pic.twitter.com/85EPNsFvN5
Under the bills, counties would also have the ability to implement stronger regulations if they choose.
In a statement, Ban Conversion Therapy Kentucky’s Executive Director Rebecca Blankenship said the bill does not protect the innocence of children, but is rather "an unconstitutional effort to suppress political speech."
The twin bills filed in the House and Senate could enable the measure to overcome hurdles that led to similar legislation stalling in the 2023 session.
