However, in the "small silver linings department", the State of Tennessee attorneys have represented (both at trial and during the appeals) that the statute, which everyone has conceded is troublingly vague, will not be enforced in any manner that conflicts with prior First Amendment case law -- at the federal level.
That is to say, unless a given performer is exposing naked genitalia, in a very public square -- or is dancing in a very lewd manner in front of (say) a kindergarten -- the chance of any law enforcement engagement will be near zero. And if the police do try to arrest someone in drag, just for being in public, or dancing in public -- without more. . . the law is clear: the dancer will win substantial damages from the State of Tennessee. It would have been nice to have the Supremes reaffirm these black letter legal guardrails -- but they do remain, despite the denial of cert. Onward.
नमस्ते
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