A Texas judge struck down the state’s ban on drag shows in a decision which invoked country music legend Dolly Parton and offered a key piece of advice for those who might be offended by his call.

Judge David Hittner’s 34-page decision Tuesday in Houston Federal Court declared Texas Senate Bill 12, or S.B. 12, declared the law so vague it was unconstitutional — the second time the court struck down the June 2023 ban:

S.B. 12 is·unconstitutionally vague because it fails to give a reasonable person notice of what is prohibited. Even though multiple aspects of the law render it vague, the most glaring issue “relates to the term ‘prurient interest in sex.”‘ Woodlands Pride, 694 F. Supp. 3d at 849. Because this term is undefined in Texas law, lacks a readily ascertainable ordinary meaning, and applies to all performances targeted by the statute, it renders S.B. 12 irredeemably vague.

The law sought to ban “sexually oriented performances,” and included civil and criminal penalties, including up to a year in jail and $4,000 fines, prompting the August 2023 suit from the American Civil Liberties Union.

The case was first struck down a month later, but the Lone Star State, now represented by state Attorney Ken Paxton (R), appealed. In February, the Fifth Circuit Court of Appeals ruled the law could go into effect while kicking a final decision back to Hittner.

“Based on the plain language of S.B. 12, the definition of ‘nude’ potentially applies to performances that are not obscene or obscene for minors,” Hittner wrote, noting one of the plaintiffs, drag queen Brigitte Bandit, sometimes impersonates Parton.

Just as many people criticized Elvis’s signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for “twerking” on stage during a live performance at the 2013 MTV Video Music Awards, there are “erotic” elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12.

The judge, a Ronald Reagan appointee, said anyone who was upset by his decision had an easy answer.

“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go,” he wrote.