ACLU, North Brookfield reach settlement that allows for drag show

The American Civil Liberties Union of Massachusetts and a second advocacy group said this week that they have reached a settlement with the town of North Brookfield after local officials approved a permit for a pride event in June that will include a drag show.

The ACLU and Rural Justice Network, a nonprofit based in North Brookfield, had filed suit in December against the town’s Select Board chairman and then-vice chairman, alleging they discriminated against a group seeking to hold the celebration on the Town Common when they withheld a permit because a drag show was planned for public view.

The defendants “explained that the decision meant that the application for the event permit ‘doesn’t go forward,’” the ACLU said at the time.

Under terms of the settlement announced Monday, town officials approved the permit for the June 29 event, including the drag show, and agreed “not to interfere” with the Small Town Pride event in the future, the ACLU said in a statement.

The ACLU said the town also agreed to pay damages and attorney’s fees. The monetary amount wasn’t specified.

“We are pleased for the assurance that this settlement affords our clients, as well as compensation for harms caused by the unlawful interference by two Select Board members,” Ruth Bourquin, senior managing attorney for the ACLU of Massachusetts, said.

“North Brookfield has now taken steps we hope will ensure that groups like the Rural Justice Network can exercise their right to express themselves equally and openly in public spaces,” Bourquin said. “We look forward to celebrating Small Town Pride this year and for many years to come.”

Drag shows have emerged as a flashpoint in the culture wars in recent years, with right-wing groups demonstrating outside venues where performances are held.

North Brookfield is a small town in Worcester County.

At one point during a Nov. 14 meeting of North Brookfield’s Select Board, “Mr. [Chairman Jason] Petraitis said he’d like to see them put up a tent” for the drag show to keep it from public view, according to minutes posted to the town website.

At an earlier meeting on Nov. 7, Petraitis said he wouldn’t support a permit for the event “unless the drag portion was hidden from plain view.” A motion during that meeting to give initial approval to the pride event failed, leading to the lawsuit, the ACLU said.

“In spite of challenges we have faced in the past two years, events like Small Town Pride always make it worth the effort,” Rob Orpilla, president of the Rural Justice Network, said in the statement. “We’re happy to start making concrete moves for our 2024 event now that we’ve resolved the lawsuit. This is another victory for change in our area.”