Drag company reacts after judge rules performance law unconstitutional again
Texas drag show law blocked by a federal judge again; San Antonio company reacts after the latest ruling this week
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SAN ANTONIO – For Rick Montez and Joseph Gomez, the fight over Texas Senate Bill 12 has never been confined to a courtroom.
The San Antonio business owners have spent years challenging the law, which restricts certain sexually oriented performances in public places and in the presence of people younger than 18.
Gomez and Montez have owned 360 Queen Entertainment, a drag performance company, since 2022. Now, after a federal judge ruled against SB 12 for a second time, the duo said they are prepared to keep fighting.
“This law has never been about kids. This law is simply about finding a way to subjugate and oppress the LGBTQ community,” Montez said.
U.S. District Judge David Hittner ruled Tuesday that the proposed law is unconstitutional, reaffirming his original 2023 decision. The ruling means Texas cannot currently enforce the law.
The latest decision comes after a lengthy legal battle that temporarily allowed the law to take effect.
What is Senate Bill 12?
Senate Bill 12 was passed by the Texas Legislature in March 2023 and took effect September 1. The law prohibits a person who controls a commercial business from allowing a “sexually oriented performance” on the premises when someone younger than 18 is present.
It also prohibits certain sexually oriented performances on public property when they could reasonably be expected to be viewed by a child.
Under the law, businesses could face civil penalties of up to $10,000 per violation. A person who violates the law could face a Class A misdemeanor.
The law does not specifically mention drag performances in its final form, although an earlier version of the legislation specifically referenced performers who use clothing, makeup or other physical markers to present as a different gender while singing, lip-syncing, dancing or otherwise performing.
The law was initially blocked by Hittner in September 2023 after he found it violated First Amendment protections. But that was not the end of the legal fight.
In November 2025, the 5th U.S. Circuit Court of Appeals allowed the law to move forward and sent the case back to Hittner for further consideration. The law subsequently went into effect in March 2026.
Hittner has now ruled against the law again, finding its restrictions too broad and its language unconstitutionally vague.
San Antonio business owners became part of the case
When Gomez and Montez began hearing about SB 12 in 2023, they said they quickly became concerned about how the law could affect their business and the performers they work with.
Gomez said he eventually contacted the American Civil Liberties Union after seeing a television commercial featuring RuPaul asking people to support the organization.
The response, he said, came quickly.
The ACLU of Texas later represented the plaintiffs challenging SB 12. 360 Queen Entertainment became a plaintiff in the lawsuit and Montez testified during the case.
For Montez, the case ultimately became about more than drag.
“If none of this is about drag or anything else, it really is about defending freedom of expression. About defending a document that we purport to all really care about, the U.S. Constitution,” Montez said.
Hittner’s latest ruling similarly centered on First Amendment concerns. He wrote that many of the law’s potential applications would affect constitutionally protected performances and that the law was targeting expression based on content and viewpoint.
The judge also pointed to the breadth of the law’s language, saying it could potentially reach performances beyond traditional drag shows, including provocative cosplay and performances involving figures such as Dolly Parton and Elvis impersonators.
While the legal battle has played out in federal court, 360 Queen Entertainment’s owners say the uncertainty has also affected performers.
“A lot of the queens feel a little hesitant to want to do it because they’re scared,” Gomez said.
He said performers have been particularly concerned about outdoor shows, where people younger than 18 could potentially see a performance from a nearby street or other public area.
The company has responded by taking additional steps to educate performers, venues and members of the community about what the law does and does not prohibit.
Gomez said the concern is not necessarily that performers have stopped working, but that the possibility of prosecution has created anxiety.
For drag performer Kristi Waters, performing is something she has done for about 20 years.
Waters, originally from Corpus Christi, said she moved to San Antonio and continued performing throughout the legal fight surrounding SB 12. She said one of the biggest challenges has not been performing itself, but worrying about what could happen while doing it.
“There’s so much hate from the outside just because we want to live our lives. And I think that’s been the biggest challenge, is not being able to do the shows and having to worry about, are we going to be in trouble?” Waters said.
Waters said she believes drag performers serve as visible representatives of the LGBTQ+ community and that performing can allow audiences to step away from the stresses of everyday life.
She also said she does not intend to stop.
“We’re here, we’re queer and we’re not going anywhere,” Waters said.
She emphasized that there are different types of drag shows, including performances intended for adults and family-friendly events. People who are unfamiliar with drag, Waters said, should experience a performance before making assumptions about what happens on stage.
What happens next?
The latest ruling does not necessarily end the legal battle.
Texas Attorney General Ken Paxton said his office plans to appeal Hittner’s decision, describing the ruling as “profoundly flawed” and saying it endangers children and conflicts with Texas values.
For now, however, the latest ruling blocks enforcement of SB 12.
For Gomez and Montez, that means continuing to operate while preparing for another potential trip to court.
“We’re in it for the long haul,” Montez said.
He said the company has grown significantly since it first became involved in the lawsuit and plans to continue producing drag shows in San Antonio.
“As long as we’re here for the community, as long as we have a platform for our performers in the community, that’s all that matters to us,” Gomez added.
And Waters said she intends to keep taking the stage.
For 360 Queen Entertainment, the legal fight that began more than three years ago is not over. But for now, the federal court’s ruling gives the San Antonio performers and business owners another opportunity to continue doing what they said they have been fighting to protect: performing.
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