Amanda Crouse
News Editor
The Ohio House of Representatives Judiciary Committee passed House Bill (HB) 249 on Wednesday, March 25 by a vote of 63 to 32. The bill was introduced in the Senate on March 26, and on April 15 it was referred to the Senate Judiciary Committee for additional hearings and a committee vote. Republican representatives Angela N. King and Josh Williams are the primary sponsors of HB 249, also called the Enact the Indecent Exposure Modernization Act.
If passed by the Senate, the bill would amend three sections of Ohio’s Revised Code by expanding the qualifications for indecent exposure. Proponents of HB 249 state that the amendments were created to protect children in public spaces and expand current indecent exposure laws. Many opponents argue that the bill is unspecific in its descriptions of indecency, and runs the risk of persecuting performers who do not engage in public sexual behavior. These concerns have led critics to refer to HB 249 as the “drag ban bill” because of its potential restrictions on drag performances. The bill criminalizes “Performers or entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s biological sex using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers,” and other performers who appeal “to a prurient interest.”
The Ohio House of Representatives website states that the bill aims to “[establish] clearer legal standards to help maintain privacy and safety in spaces designated for biological females.” Some Ohioans have voiced concern over how the amendments could affect the rights of transgender and nonbinary people in places like locker rooms and restrooms.
The American Civil Liberties Union (ACLU) of Ohio released a statement against HB 249 on March 17 that expressed frustration with its parameters. “Those of us concerned about the First Amendment implications of HB 249 know these types of laws have been purposely used to target unpopular speech and art for many decades,” the article said, adding that the bill’s definition of behavior “harmful to minors” is based on subjective social values rather than legal precedent.
HB 249 must receive at least 50% of votes from the Judiciary Committee before it can be subject to a Senate-wide vote. In order to be passed by the Senate, the bill needs 17 votes in favor. A bill that has been passed by both chambers of Congress moves to the desk of the governor, who possesses the final power to either sign the bill into law or strike it down with a veto.
