DOUGLAS COUNTY, Colo. — The event was supposed to be a celebration of gay pride, but after what organizers call a "malfunction" on stage, one Republican Douglas County Commissioner wants to ban future PrideFest events on county property.
"I do believe we had a violation of zoning uses for the Fairgrounds this weekend," Commissioner George Teal wrote in a Facebook post Monday night. "Exotic adult entertainment is not an allowed use at the Fairgrounds."
Teal was referring to a performance that took place during PrideFest Saturday at the Douglas County Fairgrounds.
“We had a drag queen doing an aerial acrobatic act," said Art Kerkezian, treasurer of Castle Rock Pride. "She was leaning back, and her costume fell down and exposed part of her breast plate, her silicone breast plate.”
Kerkezian called it a "wardrobe malfunction" and said Castle Rock Pride, a nonprofit that organized the event, posted an apology after the incident. Video of it surfaced on social media.
"We wanted to let our community know that yeah, that was a mistake, and when you make a mistake, you take responsibility, and that’s what we did," Kerkezian said.
In his Facebook post, Teal wrote that he believes he has a second vote among the three county commissioners "to ban the return of PrideFest in the future."
“You can’t just shut down someone because of their viewpoint or shut down a festival you don’t like if you’re of the government," said Andy McNulty, a civil rights lawyer in Denver.
McNulty suggested banning PrideFest could violate the First Amendment right to free speech.
"It probably is also a violation of the 14th Amendment’s right to equal protection under the law," McNulty said. “If the second vote comes to fruition and they pass something banning Pride, I’m sure that it will end up in federal court.”
McNulty, who litigated a case over the issue of toplessness in public, also pointed out that going topless is not against the law in Colorado.
“[Teal's] justification that there might have been some lewd display because there was a silicone chest piece that was shown, even if it was a naked breast, that wouldn’t be illegal in Colorado," McNulty said.
Teal did not respond to an interview request Tuesday. A spokesperson for the county said he was in Pueblo at the Colorado State Fair along with Commissioner Abe Laydon.
Laydon, a Republican, addressed the PrideFest incident on Facebook Tuesday morning.
"The organizers of Castle Rock Pride have already issued an apology for the wardrobe malfunction that occurred at the Douglas County PrideFest and have stated they are adding additional steps and oversight to prevent similar incidents from happening in the future," he wrote in part. "I will not use the power of government to support thinly veiled bigotry and anti-gay rhetoric."
Commissioner Lora Thomas, also a Republican, provided the following statement to 9NEWS:
"Unlike my colleagues, I believe accusations and condemnation should be based on all available facts and evidence. As such, I am reserving my decision until all facts/evidence are in, along with any legal advice/counsel we receive."
A spokesperson for Douglas County said commissioners had not yet had a chance to discuss together the future of PrideFest, but the topic could come up at a future meeting.
“Regardless of whether or not we’re at the Fairgrounds, we will be having a 2023 PrideFest," Kerkezian said.
The Center on Colfax shared the following statement with 9NEWS:
"The Center on Colfax, which produces Denver PrideFest, stands in solidarity with the organizers of Castle Rock Pride. Over its 46-year history, The Center has always supported the right of individuals to freedom of expression, even if that expression falls outside the mainstream. We applaud Castle Rock Pride for their efforts to create a safe and welcoming environment for members of the LGBTQ community in Douglas County. It is unfortunate that a misguided county official is trying to score some cheap political points by using a simple wardrobe malfunction, for which Castle Rock Pride has already issued an apology, as an excuse to ban that community’s annual Pride celebration. The Pride movement was started in response to attempts to keep the LBGTQ community in the closet and stifle free expression. This is a reminder that although we have made great progress since then, we still have a long way to go until we can enjoy full equality."
Castle Rock Pride also shared a statement on the incident:
"On behalf of Castle Rock Pride, we sincerely apologize for the costume malfunction that occurred at our recent August 27 Douglas County PrideFest. We are a group of parents who create this event so that all families and children can enjoy a day of food, games, music and just plain fun in a safe, non-judgemental environment. As with any live event as millions of Americans have seen on SuperBowl Sundays and with mega pop star performers, there always is a risk of the unexpected on a live stage. This single incident should in no way tarnish the reputation or future of the Douglas County Pridefest. Through these events, Castle Rock Pride strives to build positive networks of support and inclusion, promote equality, and foster acceptance and diversity.
The current mean-spirited social media chatter is reprehensible and indicative that there is a lot more work to be done. It's unacceptable that there are politicians who characterize our family friendly entertainment as exotic adult dancing and who want to make this single incident an excuse to follow their agenda to erode diversity, equity, and inclusion for all in Douglas County."
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