5th Circuit Court of Appeals issues temporary injunction against WT in drag show ban court case

CANYON, Texas (KAMR/KCIT) — The United States Court of Appeals for the Fifth Circuit has issued a temporary injunction against West Texas A&M University in reference to its cancellation of two drag shows that it started in 2023 while the original case continues through Amarillo Federal Courts.

As was previously reported on Myhighplains.com, WT President Walter Wendler issued a letter in reference to a cancelled charity drag show “A Fool’s Drag Race” that was set for March 31, 2023 using the Legacy Hall in the Jack B. Kelley Student Center.

The letter referenced the cancelled March drag show sharing Wendler’s thoughts on drag shows in general. In the letter Wendler announced that the drag show would not happen, stating his view that drag shows exaggerate and stereotype women in “cartoon-like extremes.”

Following the cancellation of the show, Spectrum WT and the Foundation for Individual Rights and Expression filed a lawsuit in Amarillo Federal Court. Wendler, Vice President for Student Affairs Christopher Thomas, Texas A&M University System Chancellor John Sharp and other officials were named as defendants in the federal lawsuit.

U.S. District Judge Matthew Kacsmaryk ruled against the group, reported the Associated Press, saying: “The First Amendment does not prevent school officials from restricting ‘vulgar and lewd’ conduct that would ‘undermine the school’s basic educational mission’ — particularly in settings where children are physically present.”

According to a news release from The Foundation for Individual Rights and Expression (FIRE) while the case was tied up in the court, in September 2023, WT officials cancelled a second drag show that was slated for March 2024 referencing a recently passed senate bill, Senate Bill 12.

Senate Bill 12, which was signed into law and went into effect on Sept, 1, 2023 which looked to “regulate sexually oriented performances and to restricting those performances on the premises of a commercial enterprise, on public property, or in the presence of an individual younger than 18 years of age.”

As was reported on Myhighplains.com, the case was sent up to the 5th U.S. Circuit Court of Appeals in 2024, but was tied up and the court refused to speed up the timetable for a hearing and decision.

In March 2024, Spectrum WT sought the Supreme Court to intervene in the case but the court rejected the emergency appeal.

On Monday, the 5th U.S. Circuit Court of Appeals issued a temporary ruling in favor of WT Spectrum reversing the district court’s decision that the First Amendment did not apply to this case.

The court of appeals ruled that while the district court did not make a mistake in denying a preliminary injunction against Chancellor Sharp, they noted the court should have dismissed the claim altogether for “want of jurisdiction.”