SAN ANTONIO – For Rick Montez and Joseph Gomez, the fight over Texas Senate Bill 12 has never been confined to a courtroom.
The San Antonio business owners have spent years challenging the law, which restricts certain sexually oriented performances in public places and in the presence of people younger than 18. Their journey reflects a broader struggle for LGBTQ+ rights and freedom of expression in the face of legislative restrictions.
Gomez and Montez have owned 360 Queen Entertainment, a drag performance company, since 2022. Now, after a federal judge ruled against SB 12 for a second time, the duo said they are prepared to keep fighting.
“This law has never been about kids. This law is simply about finding a way to subjugate and oppress the LGBTQ community,” Montez stated firmly, underscoring the personal stakes of their legal battle.
U.S. District Judge David Hittner ruled Tuesday that the proposed law is unconstitutional, reaffirming his original 2023 decision. This ruling means Texas cannot currently enforce the law, marking a significant victory for those opposing it.
The latest decision comes after a lengthy legal battle that temporarily allowed the law to take effect.
What is Senate Bill 12?
Senate Bill 12 was passed by the Texas Legislature in March 2023 and took effect September 1. The law prohibits a person who controls a commercial business from allowing a “sexually oriented performance” on the premises when someone younger than 18 is present.
Additionally, it prohibits certain sexually oriented performances on public property when they could reasonably be expected to be viewed by a child. Businesses could face civil penalties of up to $10,000 per violation, and individuals who violate the law could face a Class A misdemeanor.
While the law does not specifically mention drag performances, an earlier version explicitly referenced performers who use clothing, makeup, or other physical markers to present as a different gender while singing, lip-syncing, dancing, or otherwise performing.
The law was initially blocked by Hittner in September 2023 after he found it violated First Amendment protections. However, the legal fight continued when the 5th U.S. Circuit Court of Appeals allowed the law to move forward in November 2025, sending the case back to Hittner for further consideration.
Hittner has now ruled against the law again, finding its restrictions too broad and its language unconstitutionally vague.
San Antonio Business Owners Join the Fight
When Gomez and Montez first learned about SB 12 in 2023, they were immediately concerned about its potential impact on their business and performers. Gomez reached out to the American Civil Liberties Union (ACLU) after viewing a commercial featuring RuPaul encouraging support for the organization.
The ACLU of Texas soon took on the case, and 360 Queen Entertainment became a plaintiff in the lawsuit. Montez even testified during the proceedings, highlighting the personal significance of the case.
“If none of this is about drag or anything else, it really is about defending freedom of expression,” Montez asserted, emphasizing the fight for constitutional rights.
Hittner’s latest ruling echoed these concerns, stating that many of the law’s potential applications would affect constitutionally protected performances. The broad language could even encompass performances beyond traditional drag shows, which presents a chilling effect on artistic expression.
As the legal battle unfolded, Gomez and Montez noted that uncertainty impacted performers, causing anxiety about potential prosecution. “A lot of the queens feel a little hesitant to want to do it because they’re scared,” Gomez explained, particularly regarding outdoor shows where minors might inadvertently witness a performance.
In response, the company has worked to educate performers, venues, and community members about what the law does and does not prohibit, aiming to alleviate concerns and encourage expression.
Kristi Waters, a drag performer with two decades of experience, shared her perspective on the challenges faced during the legal fight. “There’s so much hate from the outside just because we want to live our lives,” she remarked, reflecting the emotional toll of the situation.
Waters believes that drag performers serve as visible representatives of the LGBTQ+ community, providing audiences with a chance to escape everyday stresses. “We’re here, we’re
