In October 2023, to protect the freedom of speech and expression of LGBTQ+ community members and drag performers, the American Civil Liberties Union of Tennessee, ACLU, Ballard Spahr, and Burr Forman filed a lawsuit in federal court against the city of Murfreesboro, on behalf of the Tennessee Equality Project (TEP), founder and host of the annual BoroPride Festival. The lawsuit challenges a new anti-drag city ordinance and a local policy denying all special event request permits by TEP.
BoroPride, established in 2016, has been a vibrant celebration of the LGBTQ+ community in Murfreesboro. On September 17, 2022, BoroPride Festival hosted over 7,000 supporters across the historic Cannonsburg Village venue, featuring live entertainment, food trucks and vendors. Despite having higher attendance than anticipated, the Murfreesboro Police reported zero citations or arrests regarding the event. Shortly after BoroPride 2022, anti-drag opponents targeted the event and spread misinformation to city officials.
On October 17, 2022, City Manager Craig Tindall echoed the misinformation in a letter to TEP, denying permits for future events based on the false claims. Disregarding the organization's attempt to organize BoroPride 2023, Tindall waited six months to officially affirm his refusal to issue future permits.
In a five to one vote, the City of Murfreesboro responded by implementing a city-wide drag ban on June 15, 2023. The newly passed ordinance, in addition to undefined prohibitions against “lewd behavior,” criminalized any public display of homosexuality as “indecent behavior.” The sweeping restrictions extended to “printed materials, broadcasts, shows, parades, or other such displays that suggest, advertise or display” homosexuality would be prohibited as “harmful to minors.” Therefore, engaging in activities ranging from drag performances to same-sex couples simply walking down the street holding hands would be a criminally punishable offense.
The ACLU-TN filed a lawsuit against the City of Tennessee, seeking injunctive relief to revoke the city ordinance banning homosexuality and prevent the city from denying future event permits for BoroPride.
Under an Agreed Order, the Middle District of Tennessee Court temporarily blocked Murfreesboro officials from enforcing the new “community decency” ordinance, allowing BoroPride 2023 to take place. The Murfreesboro City Council has since voted to remove “homosexuality” as a standard for public indecency.
In February 2024, a settlement was reached with the City of Murfreesboro. As part of the settlement, the city agreed to pay $500,000 to compensate for harm caused and reimburse attorneys’ fees, repeal the anti-LGBTQ+ ordinance, and accept and process any future event permit applications from TEP. City Manager Craig Tindall, who issued the ban on TEP permits last year, is prohibited under the terms from reviewing any future TEP permit requests.
In light of the settlement, the parties have filed for dismissal of the case, bringing the lawsuit to a close.
PLAINTIFF(S):
Tennessee Equality Project Foundation, Inc.
DEFENDANT(S):
The City of Murfreesboro, Tennessee, Murfreesboro City Council Member Jami Averwater, Murfreesboro City Council Member Madelyn Scales Harris, Murfreesboro City Council Member Austin Maxwell, Murfreesboro City Council Member Kirt Wade, Murfreesboro City Council Member Shawn Wright, Mayor Shane McFarland, Murfreesboro City Manager Craig G. Tindall, Murfreesboro Chief of Police Michael Bowen, Kevin Jones, Director of Code Enforcement for the City of Murfreesboro
ATTORNEY(S):
Burr Forman LLP: Alex Little
ACLU-TN: Stella Yarbrough, Jeff Preptit, Lucas Cameron-Vaughn
ACLU: Li Nowlin-Sohl
Ballard Spahr LLP: Michael P. Robotti, Jacquelyn N. Schell, Catherin I. Seibel, Andrew M. Hensley, D. Alan White
