Bill prohibiting minors' access to drag shows, 'sexual exhibitions' introduced in Idaho House committee

BOISE — A bill aimed at prohibiting people 18 and younger from viewing or coming across public drag shows and “sexual exhibitions” was introduced Thursday in the House State Affairs Committee.

Blaine Conzatti, president of the Christian-centered advocacy group the Idaho Family Policy Center, presented House Bill 230 to lawmakers on the committee Thursday.

“The (bill) does not ban sexual exhibitions outright,” Conzatti said, arguing that the restrictions fell within the constitutionally permissible standards around “time, place and manner” to prevent minors under the age of 18 from viewing them.

Conzatti and lawmakers ran another bill aimed at limiting drag shows in public in 2023, which drew criticism that it may have violated conduct and expression protected by the First Amendment. That bill passed the House but failed to advance in the Senate. 

The text of HB 230 begins with nearly three full pages of case law around free speech and historically what can and cannot be restricted.

Under the bill, any person or institution that hosts or performs in a show, exhibition or live performance “must take reasonable steps to restrict access to minors” if minors would likely be present, the show involves sexual conduct, and if the exhibition is “patently offensive to an average person applying contemporary community standards” as to what is suitable for minors.

Minors who were exposed to the conduct described in the bill, if the organizer failed to take reasonable steps to restrict access, would be able to sue for $5,000 in damage as well as other relief.

Sexual conduct is defined in the bill as acts or depictions of “masturbation, sexual intercourse or physical contact with a person’s unclothed genitals or pubic area" and “sexually provocative dances or gestures performed with accessories that exaggerate male or female primary or secondary sexual characteristics.”

The bill exempts dance or cheer routines from high school or higher educational institutions if they take place in association with a school or club event.

Conzatti said the bill language was based on the Federal Communications Commission’s restrictions over what can be broadcast during the daytime. The FCC prohibits “indecent” material during daytime hours, which is defined as “material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.”

The Idaho Family Policy Center has said in a press release that banning “indecent drag shows” or other sexual exhibitions where children were present was its top legislative priority for the 2025 session. The bill was prompted by drag performances held in parks in Boise and Coeur d’Alene, according to a press release.

The sponsors of the bill will be Rep. Ted Hill, R-Eagle, and Sen. Ben Toews, R-Coeur d'Alene, according to the release. 

The bill will come back for a full public hearing.