A federal judge in Texas has once again struck down a state law that would restrict drag shows, saying those who are offended by the performances should simply just not attend them.

In a Tuesday ruling, U.S. District Judge and Reagan appointee David Hittner said the law banning drag shows around people under 18 years of age, known as Senate Bill 12, is “unconstitutionally vague” and violates the First Amendment by restricting speech.

“Drag has a rich history of joy and liberation for countless Texans, and it’s not going anywhere,” said Brian Klosterboer, senior staff attorney at the American Civil Liberties Union of Texas, which filed the lawsuit against Texas Attorney General Ken Paxton.

“This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances,” he continued. “But all Texans ― no matter our gender or background ― are guaranteed the right to free expression. We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair.”

According to the state law, business owners who host the shows would be fined up to $10,000, while performers could be charged with a Class A misdemeanor resulting in up to one year of jail time. Hittner’s ruling pauses the law, which has been in effect since March.

The law has been in a yearslong court battle since 2023, when Hittner originally struck it down on the same grounds of it violating the First Amendment. The judge’s ruling stuck until November of last year, when the 5th U.S. Circuit Court of Appeals unblocked the law and returned the cases to Hittner.

“It is not unreasonable to read S.B. 12 and conclude that activities such as cheerleading, dancing, live theater and other common public occurrences could possibly become a civil or criminal violation of S.B. 12,” he wrote in his 2023 ruling.

Hittner reaffirmed that argument on Tuesday in a timely reference to Dolly Parton, whose family announced her death the same day. The judge criticized the law’s broad definition of banning performances that appeal “to the prurient interest,” citing those who would consider Parton “a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure.”

One of the plaintiffs in the case is Brigitte Bandit, a drag queen who performs as Parton. The performer celebrated the ruling Tuesday on Instagram with a video of her performing “Jolene” as Parton to dancing children.

“The Texas drag ban was ruled unconstitutional the same day we lost Dolly Parton. I couldn’t have ever guessed this day. especially at the time of this video, when a drag ban wasn’t even something I thought would exist, and I performed as Dolly for all kinds of audiences without any concern about legality or protesters. or that because of it she would send me a signed guitar,” Bandit wrote in her caption. “What a day. goodnight yall.”

The ruling prevents Paxton, who is running for Senate, from enforcing the law and denies his request for a new trial in the case.

“This is a profoundly flawed decision that endangers our children and is an affront to Texas values,” he wrote on social media. “I will appeal this decision immediately and continue to fight to protect our kids.”

In his ruling, Hittner said he had a solution for “those who find such activities as described in this case offensive.”

“Just don’t go.”

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