The American Civil Liberties Union of Utah Foundation, Inc. (ACLU of Utah), ACLU, and the law firm Jenner and Block have announced a settlement in the case involving Mitski Avalōx and Southern Utah Drag Stars against the City of St. George. The lawsuit was initiated after the city denied a special event permit for a family-friendly drag show in May 2023, which was viewed as part of a broader effort to target drag performances and LGBTQ+ pride events.
Thomas Ford, staff attorney at the ACLU of Utah, stated, “The courage of Drag Stars and Mitski Avalōx to bring this case affirmed what has always been true: all Utahns are entitled to the fundamental protections of the First Amendment." He emphasized that this outcome is significant not only for their clients but also for those concerned about governmental overreach regarding subjective appropriateness.
Drag Stars applied for a special events permit on March 3, 2023, to host an event at J.C. Snow Park. The city later denied this application citing non-compliance with an advertising ordinance that prohibits promoting events before permit approval. Despite an appeal process where a council member acknowledged the ordinance's unenforceability, the denial stood.
In response, legal action was taken by ACLU affiliates and Jenner & Block on behalf of Drag Stars and Avalōx. On June 16, 2023, a preliminary injunction from the United States District Court for the District of Utah ordered St. George to issue the permit recognizing First Amendment protections extend to such performances.
Emerson Sykes from ACLU remarked on the broader implications amid national challenges faced by LGBTQ+ communities: “Amid nationwide attacks on LGBTQ+ people, this settlement is a reminder that the First Amendment protects everyone."
Under the settlement reached in 2025, St. George admitted its actions violated First Amendment rights and agreed to apologize publicly to Drag Stars.
Mitski Avalōx expressed satisfaction with the outcome stating: "This victory isn’t just mine—it’s a win for every queer person who’s been told to stay invisible."
