ACLU of Tennessee Files Appeal Brief to Protect Free Speech Rights of Blount County Pride

MARYVILLE, Tenn. – Yesterday the American Civil Liberties Union of Tennessee, along with Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC and Horwitz Law PLLC, filed an appeal brief on behalf of Blount Pride and performer Flamy Grant at the Sixth Circuit Court of Appeals, urging the court to reinstate their lawsuit, Blount Pride, Inc. v. Desmond. The brief argues that Blount County Police Chief Tony Crisp and District Attorney Ryan Desmond violated Blount Pride and Grant’s First Amendment rights by threatening their freedom of speech when Blount County Pride advertised a drag performance.

In fall 2023, Blount Pride advertised an upcoming family-friendly Pride festival featuring local artists and drag performers. Four days before the event, the district attorney issued a letter to Blount Pride threatening prosecution for any violations of the Adult Entertainment Act (AEA), which bans “adult cabaret entertainment” in public or in front of children. At the time, many across the state feared that “adult cabaret entertainment” would apply to lawful drag shows and that the AEA would be used to criminalize performances.

Compounding that concern, district attorney Desmond also sent his threat letter to all local law enforcement officials and Maryville College, the host of the event. Although the AEA did not apply because the scheduled Blount Pride drag performance constituted artistic expression and did not meet the state’s legal definition of “harmful to minors,” the letter had a chilling effect on Blount Pride and Grant’s speech: law enforcement officials, such as defendant Crisp, acted on Desmond’s warnings that the event could violate criminal law and tried to get multiple Maryville College officials to cancel the Pride festival by warning them that they could be arrested if they allowed the event to go forward.

“Drag is not just what I do, it’s a part of who I am,” said Grant, a drag artist and plaintiff in the case. “When local and state officials target my freedom to express myself, they’re targeting my voice and my right to exist openly. I’m fighting through this case because no one should live in fear for expressing themselves.”

State and local officials have repeatedly threatened drag performance and Pride festivals across Tennessee. These attempts to suppress protected expression ignore the vital role that local Pride events play in fostering a sense of belonging.

“Since our start in 2019, Blount Pride has been committed to providing a safe, fun, uplifting, and family-friendly festival,” said Shannon Bryant, a member of Blount Pride Inc.’s board of directors. “We know that offering Pride festivals is a life-saving experience for the LGBTQ+ community. But attacks on free expression undermine everyone’s First Amendment rights.”

The plaintiffs’ initial legal challenge, filed in 2023, successfully argued that the AEA did not apply to the Blount Pride festival, winning a temporary restraining order and later a preliminary injunction that allowed the event to proceed.

Despite this victory, the plaintiffs continued to experience interference from local officials around family-friendly drag and amended their complaint to continue fighting on behalf of their community. However, in October 2025, the district court dismissed the case for lack of standing, without fully addressing the ongoing effects of this retaliation to the community’s protected speech.

“As the Sixth Circuit has made clear, the AEA does not even arguably prohibit family-friendly drag performances, which enjoy the First Amendment’s full protection,” said Daniel Horwitz, attorney at Horwitz Law PLLC. “Baselessly threatening criminal prosecution in an attempt to censor drag performances is illegal – and that’s why we must continue the fight to protect Blount Pride’s First Amendment rights in court.”

Today’s brief asserts that Tennesseans have the First Amendment right to be free from government threats and retaliation against protected rights, including drag performances and lawful advertisements for such performances.

“Elected and appointed officials don’t have the authority to threaten drag performers and those who advertise the art form,” said Zee Scout, staff attorney at ACLU-TN. “We must ensure that Tennesseans have the freedom to express all speechas guaranteed by the First Amendment.”

The brief asks the appeals court to reverse the October 2025 dismissal of the case. A reversal would allow the plaintiffs to return to the lower court to continue their legal challenge against defendants Desmond and Crisp’s attempts to suppress drag performances in East Tennessee, which could have implications across the state.

“The Tennessee legislature has repeatedly attacked expressions of LGBTQI+ + identity, including drag. We successfully defended that expression in 2023 and will continue to do so now,” said Stella Yarbrough, senior counsel at HSGLaW. “By fighting to overturn this dismissal, we aim to ensure that the First Amendment remains a shield for all Tennesseans.”

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The full brief can be found here

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About the Organizations

ACLU of Tennessee: The American Civil Liberties Union of Tennessee (ACLU-TN) is an affiliate of the national ACLU. A non-partisan non-profit organization, for more than 50 years, ACLU-TN has been dedicated to defending the principles of liberty, equality, and justice that are embodied in the U.S. Constitution. For more information, visit www.aclu-tn.org.

Horwitz Law, PLLC: Horwitz Law, PLLC is a litigation firm based in Nashville, Tennessee. Its practice focuses primarily on First Amendment law and speech defense, appellate litigation, and civil rights law. For more information, visit: https://horwitz.law/

Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC. (HSGLaW): HSGLaW was founded by a team of seasoned trial lawyers and has built a reputation for combining intellectual rigor, heartfelt compassion, and results-driven representation. The firm champions fairness and accountability with smart, trustworthy advocacy – putting clients’ needs first, ensuring they never feel alone in their battles. For more information, visit: https://hsglawgroup.com/