KNOXVILLE, Tenn. (WVLT) - The future of how a controversial Tennessee law is enforced could, in part, come down to a court case filed in East Tennessee.

The law in question is Tennessee’s Adult Entertainment Act, also known as the anti-drag law. The act, which allows criminal charges to be filed against anyone who puts on adult entertainment in public places where children might be present, has gotten pushback for defining adult entertainment too broadly. In fact, a Trump-appointed district judge in Shelby County, Thomas L. Parker, ruled the law unconstitutional back in June.

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Now, the law is facing its latest round in court here in East Tennessee. The American Civil Liberties Union (ACLU) filed a lawsuit against Blount County District Attorney General Ryan Desmond and other Blount County area officials Wednesday over threats Desmond made to enforce the law during a Blount Pride event scheduled for Saturday.

That lawsuit will be presided over by East Tennessee District Court Judge Ronnie Greer, according to filings. The case is similar in many ways to the one in Shelby County, where Parker ruled the law unconstitutional.

That case, and Parker’s ruling, was appealed by Tennessee Attorney General Jonathan Skrmetti, and is therefore in appellate court in the Sixth District. WVLT News spoke with Lincoln Memorial University Associate Professor of Law William Gill about how that case could affect the one in Blount County, and how the two cases could affect the Sixth Circuit’s decision on whether the law can be enforced statewide.

The Context

The Adult Entertainment Act was declared unconstitutional by Parker in June. In his ruling, he stated that the law was too vague in defining adult entertainment to be considered constitutional.

The law is both “unconstitutionally vague and substantially overbroad” and encourages “discriminatory enforcement,” he said. In his ruling, Parker gave the example of a woman performing in an Elvis Presley costume, saying that, under the law, she could be considered a “male impersonator.”

Members of the LGBTQ+ community and its supporters have said the law is a direct attack on drag performances, common staples of Pride celebrations, and transgender Tennesseans.

In alignment with that, the ACLU argued in its suit that DA Desmond specifically targeted Blount Pride by sending a letter directly to them, as opposed to announcing his general intention to enforce the law.

Parker’s ruling came down in Tennessee West District Court. In that ruling, Parker ruled that another district attorney general, and other Shelby County officials, could not enforce the law. Since Skrmetti has appealed that ruling, the case is now headed to the Sixth Circuit Court, where we could see a statewide ruling on the law.

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What the Case Could Mean for East Tennessee

Friday, East Tennessee District Judge Ronnie Greer granted Blount Pride and the ACLU a temporary restraining order blocking Desmond from enforcing the Adult Entertainment Act. That means that, until the case is resolved, Desmond and several other named officials are blocked from enforcing the law until the lawsuit has its time in court. That same thing happened in Shelby County.

“If you read the order in the Shelby County case, by its very language it limits its ruling to the 30th District and says the DA in that district and other public officials cannot enforce the law in that district,” Gill told WVLT News.

Greer’s granted order states “Ryan K. Desmond, James Berrong, Tony Crisp, and David Carswell, in their official capacities, are hereby ENJOINED from enforcing, detaining, arresting, or seeking warrants or taking any other action” to enforce the law, at least until they hear otherwise from the court. Additionally, Greer ordered that Desmond is not allowed to order Maryville College, Blount Pride’s host, to make changes to the event.

Gill told WVLT News, that should Greer decide the law is unconstitutional at the end of the suit, he could make that temporary order permanent.

“The court does have some mechanisms to act very quickly if need be, Gill said about the possibility of a temporary order. “If the court does not change its mind, it can put down a permanent injunction.”

What East Tennessee’s Case Could Mean Statewide

Gill spoke with WVLT News about what a ruling here in East Tennessee could mean for the law as a whole. He also had insight as to how Judge Greer might approach the case, given a similar situation and ruling has already happened in West Tennessee.

“My understanding is that the only time it has been brought up in court is that prior time in Shelby County,” Gill said. “That case is currently on appeal, and to my knowledge, there have not been other cases either initiated by a group like the ACLU.”

As for predicting the outcome of the East Tennessee case based on the case out of Shelby County, Gill said it could go either way. However, he did add that it’s likely that all parties, including Greer, would be looking at Parker’s ruling.

“Although those courts are in these different divisions, they’re going to pay attention to what the other one has done,” Gill said. “You could imagine that if you’re a judge in East Tennessee, do you think you’re going to read that other analysis very carefully? Of course.”

It’s something Gill called Persuasive Authority. That’s when a judge might look at a similar case to judge, in part, how they should rule on their own. However, while it can play a part in how the decision gets made, Gill said it isn’t legally binding.

“It’s what we call in law not Binding Authority, but Persuasive Authority,” Gill said. “In other words, if that same analysis had come from a higher court, like the Sixth Circuit or the Supreme Court, there would be no choice; you just have to follow it. It’s not that, so it’s not binding.”

That’s also the argument the ACLU is making in its case. They are claiming that, in a similar situation, the law was ruled unconstitutional, so that should be the case in East Tennessee, and the rest of the state.

“I would certainly be arguing the same thing in the position of the ACLU,” Gill said. “An identical state official has been told this law is unconstitutional. That is the last and highest word on this matter. You should reach the same conclusion, and you should follow your oath to the Constitution not to enforce an unconstitutional law.”

Ultimately, Gill said, it’s more likely that we see a statewide ruling from the case out of Shelby County since that case is further along.

“We should get a definitive ruling from the sixth circuit, from the appellate court in that case. Then that would be binding,” Gill said.

Blount Pride’s event is Saturday from 1 p.m. to 8 p.m. at Maryville College’s Clayton Center for the Arts.