The Ohio Supreme Court has granted a request to remove a proposed amendment to Bellefontaine City Ordinances from the Nov. 7 ballot that would have prohibited drag performances in public or in the presence of minors.
As a result of the state’s Supreme Court ruling issued Sunday, Oct. 8, the proposed amendment will not be presented to Bellefontaine voters in the upcoming election, leaving the contentious issue unresolved.
The amendment, if passed, would have classified drag artists and drag shows as adult entertainment and prohibited their performance in public or in the presence of anyone under the age of 18.
The court’s ruling comes in response to allegations that the petition to place the amendment on the ballot was not in compliance with the law.
The Ohio Supreme Court concluded that both Secretary Frank LaRose and the Logan County Board of Elections had, “abused their discretion and disregarded the law,” by allowing the petitions to go forward.
The court found that the petition was invalid due to the changes made after obtaining petition signatures, rendering it ineligible for placement on the Nov. 7 ballot.
The controversy surrounding the proposed amendment began earlier this year when petitioners started collecting signatures for the initiative petition in April 2023.
In August, a protest was filed with the board of elections, alleging that the part-petitions submitted with the city auditor differed “substantively” from the versions that were circulated for signatures. The crux of the issue was whether the circulated part-petitions contained the full and complete title of the proposed ordinance.
The board of elections was split on the matter, with two members voting to sustain the protest and two members voting to overrule it.
In a tie-breaking vote, Secretary LaRose ruled against the protest, arguing that the circulated part-petitions did contain the full and correct copy of the title of the proposed ordinance.
However, the critical point of contention was that petitioners had replaced the first page of the part-petitions after obtaining signatures, adding language to the petition. This change to the petition after signatures had been collected raised concerns about its validity.
The proposed amendment, which sought to classify drag artists and drag shows as adult cabaret performances, was met with mixed reactions. Supporters argue that the amendment was necessary to protect the well-being of minors, while opponents of the proposed legislation contended that it infringed on the rights of the LGBTQ+ community and threatened freedom of expression.
The Ohio Supreme Court’s decision is significant within the scope of the ongoing debate surrounding the rights and visibility of the LGBTQ+ community and the scope of local government regulations.