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Appeals court says Texas can enforce drag show ban, suggests not all drag shows violate state law

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Appeals court says Texas can enforce drag show ban, suggests not all drag shows violate state law


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A federal appeals court has ruled that Texas can enforce a 2023 law that prohibits drag shows in public or when children are present, although the ruling indicates that the judges do not believe all drag shows would be restricted under the measure.

Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. Business owners could face a $10,000 fine for hosting these performances, and performers who violate the law could be slapped with a Class A misdemeanor.

A three-judge panel in the Fifth U.S. Circuit Court of Appeals on Thursday reversed an earlier decision by a district court, returning the case to the district court, according to The Texas Tribune.

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In Thursday’s decision, the judges ruled that most of the plaintiffs, which included a drag performer, a drag production company and pride groups, were not found to have planned a “sexually oriented performance,” meaning they could not be harmed by the law that seeks to restrict sexually explicit dances, the outlet reported.

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Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. (Patrick Lantrip/Daily Memphian via AP, File)

The ruling also suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban.

In September 2023, U.S. District Judge David Hittner ruled that the law was unconstitutional, writing that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to believe it could affect activities such as live theatre or dancing.

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Critics of the ban have previously argued that GOP lawmakers were attempting to label all drag shows as sexually explicit, as Republicans continue to target the performances in Texas and several other states.

The court found that performances described by a drag production company are arguably sexually explicit, although the ruling does not specifically state which actions were included.

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The ruling suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban. (Brandon Bell/Getty Images)

“When asked whether the performers ‘simulate contact with the buttocks of another person,’ the owner testified that the performers sit on customers’ laps while wearing thongs and one performer invited a ‘handsome’ male customer ‘to spank her on the butt,’” the ruling said. “When asked whether the performers ‘ever perform gesticulations while wearing prosthetics,’ the owner testified that in 360 Queen’s most recent show, a drag queen ‘wore a breastplate that was very revealing, pulsed her chest in front of people, (and) put her chest in front of people’s faces.’”

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Judge Kurt Engelhardt also wrote in a footnote that there is “genuine doubt” that these actions are “actually constitutionally protected —especially in the presence of minors.” He was joined by Judge Leslie Southwick, while Judge James Dennis disagreed.

“That gratuitous dictum runs headlong into settled First Amendment jurisprudence and threatens to mislead on remand,” Dennis wrote in his partial dissent.

The court also removed most of the defendants from the case before sending it back to the district court to reconsider a part of the measure that centers on the Texas attorney general’s job in enforcing the law.

Texas Attorney General Ken Paxton praised the ruling, saying in a news release that he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.”

Texas Attorney General Ken Paxton praised the ruling, saying he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.” (Hannah Beier/Bloomberg via Getty Images)

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“It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court,” he said.

The plaintiffs and the ACLU of Texas, which represents the plaintiffs, described the ruling as “heartbreaking,” adding that they plan to continue fighting the law.

“We are devastated by this setback, but we are not defeated,” they said in a joint statement. “Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”



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Co‑worker confesses to killing missing North Texas man and stealing his car, police say

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Co‑worker confesses to killing missing North Texas man and stealing his car, police say



A North Texas man reported missing earlier this week was found dead Friday, and police say a co‑worker has confessed to fatally shooting him and stealing his car.

The suspect, Gregory D. Lewis, 34, remains in custody and faces a forthcoming capital murder charge, according to the Fort Worth Police Department. 

Lewis is accused of killing 31‑year‑old Thomas King, who had been last seen in his Taco Casa work uniform. King was reported missing on Tuesday after failing to return home Monday from the fast‑food restaurant in the 1100 block of Bridgewood Drive.

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Car found at Arlington motel 

Police said King’s car was found at the Quality Inn on I‑20 in Arlington, and surveillance video showed Lewis arriving in King’s vehicle shortly after King left work. 

Detectives identified the man in the video and arrested him on unrelated charges.

  Gregory D. Lewis, 34

Tarrant County Jail

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Body discovered on Fort Worth’s East Side 

King’s body was located on Friday in an open field on Fort Worth’s East Side, authorities said. 

According to police, Lewis confessed to shooting the victim and stealing his car. 

Medical examiner review pending 

The Tarrant County Medical Examiner will determine the cause of death. 

CBS News Texas has reached out to Taco Casa for comment.

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Exclusive | Mexican mayor urged relatives in US to vote for Texas Dem for Congress who would ‘take care’ of their city

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Exclusive | Mexican mayor urged relatives in US to vote for Texas Dem for Congress who would ‘take care’ of their city


WASHINGTON — A Mexican mayor earlier this month urged her constituents to get their relatives in Texas to vote for House Democratic candidate Bobby Pulido because he would “take care” of their city if elected to Congress.

“We need to get out the vote for him,” said Patricia Frinee Cantú Garza, mayor of General Bravo in Nuevo León, less than two hours from the US border, in a recent Spanish-speaking Facebook reel,which The Post reviewed and translated.

“Talk to your families in the United States. Make sure they go vote,” Garza added, noting that she would be presenting the keys to the city to Pulido, a two-time Latin Grammy winner, on April 3.

A Mexican mayor earlier this month urged residents of her municipality to get their relatives in Texas to vote for House Democratic candidate Bobby Pulido because he would “take care” of their city if elected to Congress. Politigranja/ Facebook

“When he becomes a congressman,” she also said, “we want him to take care of Bravo.”

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The city ceremony celebrating Pulido in General Bravo never received enough funding and was cancelled, the Mexican outlet El Norte reported.

Pulido has headlined concerts in General Bravo as recently as November 2023. Local officials promoted the show and the current mayor and her husband, then-mayor Edgar Cantu Fernandez, appeared.

“Bobby doesn’t know the mayor and has never met her,” a Pulido campaign spokesperson said in a statement. “He declined the invitation, didn’t attend the event, and isn’t responsible for unsolicited comments made by other people.”

Bradley Smith, a former chairman of the Federal Election Commission, said the statements wouldn’t pose legal or ethical issues for Pulido — but that the remarks may have a political cost, given the focus on foreign involvement in US elections in recent years.

“Bobby doesn’t know the mayor and has never met her,” a Pulido campaign spokesperson said in a statement. Bobby Pulido for Texas

“If you were making financial contributions, that would be a different thing, but just to exhort people to vote,” Smith said, “I don’t think that’s going to be a problem for them.”

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Jessica Furst Johnson, a partner at the Republican-aligned campaign finance and election law firm Lex Politica, noted that event appeared to function as an in-kind contribution to Pulido’s campaign but it would be difficult to determine without “more details.”

Congressional Republicans have thus far failed to pass a bill this session aimed at beefing up identification requirements for voters when registering, though many have said laws as currently written are too lax and could lead to non-citizens casting ballots.

State investigations and audits have shown in recent years that thousands of non-citizens ended up being registered, but few have ever illegally voted. Those who have are federally prosecuted.

Pulido has headlined concerts in General Bravo in the city as recently as November 2023, which local officials promoted and where the now-mayor and her husband, then-mayor Edgar Cantu Fernandez appeared. Obtained by NY Post
Pulido is challenging incumbent GOP Rep. Monica De La Cruz in the Texas district this November and has faced questions from the press about his ties to Mexico, where he has said he maintains a home for parts of the year. CQ-Roll Call, Inc via Getty Images

Pulido is challenging incumbent GOP Rep. Monica De La Cruz in the Texas district this November and has faced questions from the press about his ties to Mexico, where he has said he maintains a home for parts of the year.

The Latino music star admitted to splitting time with his family between there and Texas just two years before launching his campaign, telling a YouTube show in a 2023 interview that he’s a “summer Mexican” but “winter Texan.”

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“We live on the border,” he has also said. “My wife and I have a house in Mexico. So, we travel there, and we spend time over there.”

“Bobby lives in his family home in Edinburg, Texas, where he was born, raised, and is raising his own family,” the Pulido campaign rep noted. Getty Images

There was no indication of a current mortgage on a property either there or in the US, according to financial disclosures that Pulido filed April 15 with the House. Those filings also revealed he holds a checking account at a Mexican bank.

“Bobby lives in his family home in Edinburg, Texas, where he was born, raised, and is raising his own family,” the Pulido campaign rep noted. “He is in complete compliance with all House disclosure rules — the property you are referencing is not his primary residence so is not required to be listed.”



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Pushback grows over Texas governor’s threat to withhold public safety money

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Pushback grows over Texas governor’s threat to withhold public safety money


Criticism is mounting over the threat to withhold public safety grants from Austin and other major Texas cities, with opponents arguing the move is politically motivated as both the governor and attorney general seek office this year.

“Defunding the public safety for political reasons was wrong when the Democrats did it; still wrong when the Republicans do it,” the former executive director of the Combined Law Enforcement Associations of Texas, Charley Wilkison, wrote on X.

Criticism is mounting over the threat to withhold public safety grants from Austin and other major Texas cities, with opponents arguing the move is politically motivated as both the governor and attorney general seek office this year. (Photo: CBS Austin)

The statement came hours after Governor Greg Abbott threatened to cut $2.5 million in public safety funding to Austin. The governor expressed opposition to Austin’s decision to update its policy governing how police handle administrative warrants used by U.S. Immigration and Customs Enforcement in immigration detentions.

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“The city has updated its general orders to align with state and federal law and also to protect the Fourth Amendment of Austin residents who should be free from unlawful search and seizure,” said Austin City Councilmember Mike Siegel.

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Houston and Dallas are also facing similar threats from the governor.

“The statement from the governor’s office was really disappointing and frankly it’s wrong on the law and it’s wrong on what’s good for public safety,” Siegel said.

In a statement provided in response to a request for an interview, the Combined Law Enforcement Associations of Texas said, “Law enforcement officers continue to be dragged into political warfare while real public safety issues are ignored.”

The president of the Austin Police Association did not respond to a request for comment regarding the potential impact on officers.

A request for comment to the governor’s office received a previously issued statement from Abbott’s press secretary, which read: “A city’s failure to comply with its contract agreement with the state to assist in the enforcement of immigration laws makes the state less safe. It can have deadly consequences. Cities in Texas are expected to make the streets safer, not more deadly.”

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Siegel defended the city council’s position, stating, “I can speak for myself as one of 11 voting members of our city council. We’re not going to sell our values for a couple million dollars in public safety grants.”



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