The City Council on Monday heard from more than 20 people expressing different views regarding the Oklahomans for Equality’s LGBTQIA+ Pride event, held Sept. 10 in the City-owned Unity Square Park. The “Citizens to be Heard” were followed by a report from City Attorney Jess Kane on the City’s current ordinances, Oklahoma State Statutes, and First Amendment protections that apply to public spaces.
The report was in response to a petition presented to the council last month calling on the City to determine whether any laws were violated during the event and how, or if, similar events can be restricted in the future. Kane told the council that no citations were issued and no arrests were made during the event, which was well attended by off- and on-duty Bartlesville police officers.
Crowds have packed the Council Chambers and an adjacent conference room the last two monthly council meetings with citizens interested in the outcome of the discussion. Citizen commentary during both meetings has included anti-LGBTQIA+ statements and biblical references, including allegations that members of the LGBQTIA+ community are pedophiles and are using Pride and drag show events to groom children for future sexual purposes. Several ministers have addressed the council, with some urging council members to disregard the law in favor of upholding what they believe to be “God’s laws.”
OKEQ representatives and supporters of the LBGTQIA+ community have addressed the council as well, asserting that the September Pride event was family friendly and that no laws were broken, and that no children were harmed. The group asked council members to continue to ensure that all members of the community are treated equitably, with full and equal access and use of City-owned parks. OKEQ has plainly stated it will seek legal recourse if efforts to discriminate against the LGBTQIA+ community are made.
Following the comments, Kane presented an extensive report on laws pertaining to obscenity, as well as the First Amendment and the much talked about “community standards.”
His report concluded that:
“The City of Bartlesville may, under its inherent police power, enact reasonable restrictions upon adult entertainment so long as those restrictions are (1) content neutral, (2) narrowly tailored to serve a significant government interest, and (3) leave open ample alternative channels for alternative communication. City ordinances and state statutes regulating this area are already on the books. The City may also restrict adult entertainment which is deemed obscene. Those restrictions, and any new restrictions enacted by the Bartlesville City Council will be evaluated using the Miller test based on prevailing Community Standards in Bartlesville as determined by a judge or jury based on the evidence presented to them at trial.” To view the entire report, see Municipal Regulation of Adult Entertainment Memo.
The council took no action on the item, as it was set for discussion only. Based on council member comments after the presentation, it is anticipated the council will continue to look into the issue with input from other groups responsible for park oversight, including the Bartlesville Community Center Trust Authority, which oversees activities at Unity Square, and the City Park Board.