St. George Ordered to Pay Legal Fees in Drag Show Case

A federal judge has ruled that the city of St. George must pay more than $350,000 in legal fees following a lawsuit tied to a denied drag show permit.

The decision confirms that the plaintiffs are considered the prevailing party, making them eligible to recover attorney costs under federal law.

Court Sides With Southern Utah Drag Stars

In a ruling issued by U.S. District Judge David Nuffer, the court found that the city is bound by a prior settlement agreement involving Southern Utah Drag Stars and its CEO, Mitski Avalox.

The lawsuit was originally filed with support from the American Civil Liberties Union of Utah.

According to the ruling, the agreement clearly established that the plaintiffs succeeded in the case.

Background of the Lawsuit

The legal dispute began in 2023 after the city denied a permit for a drag performance on public property.

Organizers argued that the denial violated their First Amendment rights. The court later allowed the event to move forward.

The performance ultimately took place on June 30, 2023, at the Dixie SunBowl.

Settlement and Legal Dispute Over Fees

The case was resolved through a settlement in 2025. That agreement included:

• Compensation
• Policy changes
• A public apology

However, the question of whether the plaintiffs qualified as the “prevailing party” remained unresolved.

City officials argued they did not meet that standard, referencing the Lackey v. Stinnie decision.

Judge Rejects City’s Argument

The court determined that the city’s argument did not apply because the case ended through a binding settlement, not a temporary court ruling.

As a result, the judge concluded the plaintiffs are entitled to recover reasonable legal fees.

The ruling also addressed concerns about the cost of those fees, finding them justified based on:

• The complexity of the case
• Time-sensitive legal issues
• The overall outcome

Final Award and Next Steps

The court awarded:

• $350,216.50 in attorneys’ fees
• $902 in additional costs

Both sides have been directed to submit final paperwork within 28 days to formally close the case.

Broader Impact

The ruling highlights how settlement agreements can determine legal outcomes, including eligibility for attorney fee recovery in civil rights cases.

It also closes a chapter in a case that drew attention locally and statewide regarding event permitting and free speech considerations.

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