By Rick Harvey
RHarvey@CarrollCoNews.com
The Eureka Springs City Council is sending a clear message to the Arkansas Legislature and new Gov. Sarah Huckabee Sanders.
If a proposed new law putting strict restrictions on drag shows goes into effect, Eureka Springs will fight it — including possibly not enforcing it — based on a resolution passed by unanimous vote at Monday’s city council meeting that will be sent to the governor’s office.
Council member David Avanzino proposed the resolution to express the council’s “gross disapproval of SB43.”
“And make it known to Governor Huckabee that it will not stand in Eureka Springs, and we will fight this bill,” Avanzino said.
All six council members, Mayor Butch Berry and city attorney Forrest Jacobi spoke in favor of the city voicing opposition to the bill and suggested that if the bill passed, Eureka Springs might not enforce it.
“This bill is not worth the paper and ink it’s printed on,” Jacobi said. “It’s garbage. … the way it’s set up is we’re supposed to follow state law, and I think our police should be instructed, if this ever did see the light of day, and I hope that it does not, we can tell our police we’re not going to enforce this.
“Now, the state might try to send in state troopers and that might create a conflict, but I don’t care.”
Senate Bill 43, which passed the Arkansas Senate by a 29-6 vote Tuesday to advance to the House, is sponsored by Sen. Gary Stubblefield of Branch, and is aimed to “classify a drag performance as an adult-oriented business” and to “add additional location restrictions to an adult-oriented business.”
Specifically, the bill adds “a drag performance” to the definition of an adult-oriented business, which includes “an adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, a nude model studio.”
The bill goes on to define a “drag performance” as a performance in “which one or more performers: Exhibits a gender identity that is different from the performer’s gender assigned at birth using clothing, makeup, or other accessories that are traditionally worn by members of and are meant to exaggerate the gender identity of the performer’s opposite sex; and sings, lip-synchs, dances, or otherwise performs before an audience of at least two persons for entertainment whether performed for payment or not; and that is intended to appeal to the prurient interest…”
District 28 Sen. Bryan King of Green Forest, who represents Eureka Springs in the Senate, voted in favor of the bill, which has a goal of preventing drag performances in front of anyone under 18 years old and in any facility that does not qualify as an “adult-only” business.
That includes public property, such as Basin Spring Park and The Auditorium, which has regularly hosted drag-type events in the past as part of diversity weekends and other events.
“We, the city of Eureka Springs, take pride in diversity and inclusion,” Avanzino said. “In fact, we were just awarded the honor as a trendsetter city for diversity and inclusion from the Municipal League of Arkansas on our history of tolerance and acceptance and our inclusion goes back to the indigenous people who call this area home. They laid the groundwork for the beautiful, diverse downtown that we call home today.
“This bill goes directly against the values that we hold as a city. It targets the arts, it targets self-expression, diversity and inclusion. It targets drag queens and drag kings. It targets transgender people. It targets butch lesbians and femme men. It targets people who do not fit the antiquated gender binary. It targets Halloween, diversity weekends and businesses. The language of this bill is so broad that it sweeps any public or private place into this regulation. So, one’s own home could be subject to the restrictions of this bill. Aside from the exclusionary language, there are also logistical problems with this bill.
“The city of Eureka Springs does not have an industrial zone, which is required for a business to register as an adult-oriented business in order to host drag shows. We also have drag shows in Basin Park and here in this very building [The Aud], which is public property, during diversity weekends. This brings thousands of tourists into our town three times a year.”
The vote and comments from city officials drew frequent applause from the larger-than-normal crowd at Monday’s meeting. In fact, six of 13 people who spoke during public comments spoke against the bill.
One of the comments was from Rodd Gray, who has lived in Eureka Springs two years and who said he was “Miss Gay America” in 1995.
“I have traveled from coast to coast, worked in clubs that you can’t imagine what they are like,” Gray said. “But when I moved to Eureka, I found a family. I found people that truly made me feel like I belong here.
“I could work in a big city where I could make thousands of dollars, or I could work here where I really don’t make any money at all, but I feel like I belong. If SB43 goes all the way to the governor and gets signed in as a law, which I feel like it is going to, Eureka will no longer be diverse. The reputation that I’ve lived my whole life on is to be the cleanest person who can perform in front of children or grandparents. No matter what, what I do on stage is always going to be accepted by the audience. I’ve never done anything illicit and I’m worried that I am going to go to jail as a sex offender just because I’m performing in clothing that is not gender-appropriate for how I was born.”
After the vote to approve the resolution, which Berry said he will send to Sanders’ office, Avanzino made a motion for the council to authorize Jacobi to work with someone who has experience in cases involving constitutional law to help fight the law if it is approved.
Jacobi, however, felt that the city needed to wait and let things play out a bit before taking any further steps.
“I don’t think we can be proactive against [the state] at this time,” Jacobi said. “I guarantee you there will be lawsuits like crazy if they pass this. And it’s also bad publicity for Arkansas. But it’s our duty as citizens to voice our opinions, to object to laws like this one, which are very, very questionable.”
Avanzino was initially reluctant to withdraw his motion, which was seconded by council member Melissa Greene. But after further discussion with Jacobi, Avanzino pulled his motion.
“The biggest problem is that we’re obligated to follow state law,” Jacobi said. “And if they do not interfere with us, that’s fine. But if they interfere with us then we have facts and a situation that we can proactively pursue. I think other cities and places will have issues also.”
Other council members also chimed in on the topic.
“I think it’s a sad day when we take a step backwards and I think that’s what this bill represents,” council member Autumn Slane said. “I think as a city, we have been trailblazers and I think that it should be no different now. So, whatever we can do within our power, I say we do it.”
Council member Harry Meyer said: “I think this is absurd, but with our current administration, you can expect more.”
Longtime council member Melissa Greene said Eureka Springs has always been welcoming of all and if someone doesn’t want to attend a drag show, the choice is easy.
“If you don’t enjoy a drag performance, just don’t go,” she said. “It’s so easy to say no.”
Berry agreed.
“Mr. Avanzino and several other people have made some eloquent statements about what’s happening in Little Rock,” Berry said. “I don’t think there’s any permanent solution to bigotry, unfortunately.
“But Eureka Springs has always been known to promote diversity and inclusion and I’m real proud of that. … My heart goes out to businesses and citizens in Eureka Springs because of fear this is promoting.”
Berry encouraged those against the bill to contact their local representatives to voice their opinions.
“If we do not speak out against this bill, we will not only be remembered for our endurance of ignorance handed down by the Arkansas State Legislature, but we will also be remembered for our silence to protect our fellow residents,” Avanzino said.

OTHER BUSINESS
In other council business, despite having four people speak against it during public comments, the council voted 4-2 to approve the third reading of an ordinance establishing a parking district along a portion of Spring Street.
Council member Terry McClung and Avanzino voted against the measure.
The council also voted 5-1 to defer a motion for a moratorium on new bed and breakfast approvals in residential areas.
A motion from Greene to eliminate electronic devices at the table during council meeting except for the use of looking up information failed 5-1.
David Danvers was approved as a new member of the Cemetery Commission while Glenna Booth and Bruce Wright were reappointed to the commission.