Plano police say no laws broken after AG Ken Paxton calls for drag show prosecutions

Attorney General Ken Paxton wants local prosecutors to look into whether drag shows that admit children are breaking any state laws.

In remarks to a conservative website Wednesday, Paxton said district attorneys are empowered to “protect Texas kids by prosecuting these types of totally inappropriate acts.” He did not detail what crimes he believes are being committed.

Paxton’s comments came after a video filmed over the weekend at Ebb & Flow, a Plano bar, showed one performer at a drag brunch performing a risqué routine in front of what appears to be a child under the age of 10. The drag show was advertised for mature audiences.

But a Plano police spokesperson said Thursday the department saw no lawbreaking in the video.

“Police administrators and department legal advisors carefully reviewed the video and determined no laws were broken. At this time, no complaints have been filed with the department,” Officer Jennifer Chapman told The Dallas Morning News in a statement. “The City of Plano has always treated the health and safety of children as a top priority. It is the City’s mission to treat every group in our community fairly and equally with the same level of respect.”

Bar owner Dallas Hale told The Dallas Morning News he allowed the child into the venue after making sure their guardian knew what they were about to see. Hale said he saw no difference between a child being allowed to view the performance and being allowed in a theater showing an R-rated movie.

The video, filmed by a correspondent for conservative media outlet BlazeTV and widely shared on social media, showed the performer dancing in the bar’s dining area, with a young girl watching nearby. At one point, the performer turns away from the child and lifts up their skirt while lip-syncing to explicit lyrics.

Violent threats against the bar started rolling in minutes after the video was shared to Twitter.

“When you go with the First Amendment on things, people get this way,” Hale said earlier this week. “I knew it was coming; I saw it at other locations and it wasn’t anything that made me nervous in any way, shape or form.”

A representative for Hale had no immediate comment about Paxton’s statement.

It’s unclear what charges could be filed against the bar owner or drag performer; there is no Texas law prohibiting minors from sitting in a drinking establishment and not drinking alcohol, though a Texas lawmaker has proposed legislation that would explicitly prohibit children viewing the performances.

After a June drag show in Dallas caused similar outrage in conservatives circles, the state comptroller agreed to investigate to see whether the venue was violating any rules regarding so-called sexually oriented businesses. That review was ongoing as of earlier this month.

Paxton is the highest-ranking statewide official in Texas to call for more scrutiny of drag shows. A Republican seeking reelection, Paxton has long crusaded against expanding rights for lesbian, gay, bisexual and transgender Texans.

His remarks, which come after months of protests by conservative activists against these events, show the issue is being elevated to the attention of the top state leaders. Some of the protests drew members of right-wing extremist groups, including the Proud Boys. During protests in Houston and Plugerville, demonstrators toted flags with swastikas and signs with anti-semitic messages.

They also drew armed counter-protesters who said their intention was to protect the venues and their patrons.

Born in gay bars and clubs, drag shows have become popular in restaurants and other venues frequented by non-LGBTQ patrons and families. Drag shows can range from chaste lip-syncing spectacles with dancing to raunchier routines in revealing clothing.

Some local drag events, including story hours at libraries and performances at church bingos, have been advertised as family friendly events lacking explicit or inappropriate behavior.

Under state law, the attorney general must be asked by a district or county attorney to get involved in most local prosecutions. Collin County District Attorney Greg Willis said he was “very disturbed” by the video footage from the Plano drag show, but made clear his office is not usually empowered to start criminal cases unless law enforcement asks him.

“My office stands ready to support any law enforcement agency investigating any potential crimes relating to this event,” Willis, a Republican and close friend of Paxton’s, told The News. “We do not initiate criminal investigations except in very limited circumstances as provided by statute.”

In his statement Wednesday, Paxton added state lawmakers should empower him to prosecute these types of events if local district attorneys do not.

“What’s more, in 2023, the Texas Legislature should amend the Texas Penal Code to expressly prohibit this kind of grossly sexual conduct and empower my Office to prosecute when district and county attorneys refuse,” he said.