This bill will harm children of all ages by restricting their exposure to classic literature and common
childhood school activities such as sports games, cheerleading competitions, and school talent shows.

The bill is written so broadly that most high school theater productions (Grease, Hairspray), the
plays of Shakespeare, cheerleading at sporting events, and school talent shows will be at risk of being
sued civilly, or schools being criminally charged, thus shutting down arts education in Idaho.

​

Productions of Shakespeare plays like As You Like It or Twelfth Night – both of which feature cross-
dressing characters – would be in violation of this bill. Female performances of Peter Pan would be

subject to a civil suit under this bill. Movies like White Christmas, Tootsie, Some Like It Hot, Bridge
on the River Kwai and South Pacific – all of which feature comic performances by men wearing
women’s clothes – could be off-limits for screenings in schools or libraries.

This bill would create a duty of care for promoters, organizers, and performers of sexual exhibitions
to take reasonable steps to restrict the access of minors. Violations could result in civil liability.
Additionally, the bill would prohibit the use of public facilities (school auditoriums and sporting
grounds) and public assets for live performances containing sexual conduct. Violations would be
considered a misuse of public funds under section 18-5702, Idaho Code.

There are 2 components to the bill.
   • Limiting minor access to productions – subject to civil suits ($10K).
   • Prohibiting the use of public facilities – subject to criminal charges.
 

The definitions are so broad and open to personal interpretation and local standards,
making it extremely difficult to anticipate civil litigation. Using the cause of civil
actions leaves a wide opening for legal action, which will have a chilling effect on
schools and teachers.

“The show, exhibition, or performance is patently offensive to an average person applying contemporary community
standards.”
“Sexually provocative dances or gestures performed with accessories that exaggerate male or female primary or
secondary sexual characteristics.”