HB249: Enact the Indecent Exposure Modernization Act. (Analysis)

HB249: Enact the Indecent Exposure Modernization Act.

Introduction:

• Sponsors: Angela N King, Josh Williams.
• HB249 is a bill currently under review in committee within Ohio’s Senate after passing the Ohio House of Representatives.
• HB249 seeks to ban gender non-conformity in performances by designating gender non-conformity as inherently sexual/masturbatory in nature.
• If ever made into law, HB249 would:
  • Undermine the performing arts industry,
  • Infringe on 1st Amendment rights,
  • Contribute to trans genocide.

Overreach and Vagueness:

The language in the bill is overly broad and vague, particularly regarding what constitutes “conduct that to an ordinary observer would appear to be sexual conduct or masturbation.” (Sec. 2907.09.03) This would lead to subjective interpretations and misuse of the law. As such, any investigation of such an infraction would result in law enforcement not being as readily available for others in need within the community. 

The inclusion of “performers or entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s biological sex using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers” (Sec. 2907.39.04.v)  in the definition of adult cabaret performances is blatantly discriminatory and is designed to lead to the targeting of LGBT+ individuals, particularly transgender and nonbinary people, for simply expressing their identity while performing even in completely age-appropriate contexts. This also sets precedent for further exclusion of LGBT+ individuals from employment and the economy.

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Impact on Freedom of Expression:

The bill risks infringing on First Amendment rights by potentially criminalizing artistic performances, self-expression, and cultural events that are not inherently obscene or harmful. As a reminder, the First Amendment reads as follows:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

​ The vague definition of “adult cabaret performance” as presented in the bill would lead to the suppression of legitimate artistic and theatrical performances, including drag shows, which are a form of creative expression and celebration of diversity. Drag has been a staple element in theatre since time immemorial, most notably in the works of Shakespeare. This bill threatens to undermine not only North East Ohio’s theatre industry, but to undermine the validity of the First amendment.

The bill also redefines “adult bookstore” as any establishment that hosts performances that the bill targets. Quote:

“The existence of other principal business purposes does not exempt an establishment from being categorized as an adult bookstore… so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.”

(Sec. 2907.39.02.b)

This puts libraries, bookstores, and other institutions that serve populations of all age groups at risk of being classified as “adult bookstores” if they host age-appropriate drag story hours or other LGBT+ events. Trans, nonbinary, and other queer-presenting librarians may provoke “adult bookstore” classification simply by nature of their day-to-day appearance. This is a clear escalation in the battle against public libraries and other community services, with trans people being used as a means to an end.

 Unnecessary Criminalization:

The bill introduces severe penalties, including felony charges, for certain actions that may not warrant such harsh consequences. ​Quote:

“Except as otherwise provided…, [engagement in conduct that to an ordinary observer would appear to be sexual conduct or masturbation] is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a [further violation] of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a [further violation] of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony of the fifth degree.” (Sec. 2907.09.C.3)

The escalation of charges in this legislation may force transgender people to detransition under threat of developing a criminal record that may hinder future opportunities in housing and employment on top of incur legal fees. This would disproportionately impact the LGBT+ community and other marginalized groups and individuals, leading to unnecessary criminal records and long-term harm. 

The bill states that “the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender.” (Sec. 2907.09.D.1) Such classification for certain violations would have lifelong consequences, even in cases where the conduct is not predatory or harmful. This could prevent innocent LGBT+ citizens from gaining employment, even though no genuine or legitimate abuse of children has taken place.

Potential for Discrimination:

The bill’s focus on gender identity and expression in adult cabaret performances is concerning.​ After having analyzed the proposed legislation, is it plainly evident that this legislation aims to contribute to the burgeoning trans genocide. Genocide is defined by the United Nations as:

“any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

1. Killing members of the group;
2. Causing serious bodily or mental harm to members of the group;
3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
4. Imposing measures intended to prevent births within the group;
5. Forcibly transferring children of the group to another group.”

The Lemkin Institute for Genocide Prevention and Human Security states in an article from 6 January, 2026:

“Dr. Gregory Stanton, a former IAGS president who serves now as founder and president of the group Genocide Watch, said the attacks on transgender and nonbinary people in the U.S. represent a ‘genocidal’ attempt ‘to destroy a gender group.’”

Furthermore, the article states:

“… Republicans are using trans people to generate fear—particularly surrounding children, family, and their ideal concept of masculinity—which is priming their base for genocide.”

The experts suggest that 

“the U.S. might see policies aimed at making life ‘intolerable’ for transgender Americans to live authentically such that the suicide rate dramatically goes up.”

This clearly aligns with the 3rd style of genocidal act as defined by the UN. It should also be noted that bans on gender-affirming care (GAC) for minors align damningly well with the 5th style of genocidal act in forcing queer minors to assimilate into cisheterosexual identities against their own personhood or will. With this in mind, the escalated stigmatization and criminalization of individuals based on their gender identity is not only contrary to principles of equality and inclusion, but a violation of international law that must be assessed as such.

Unintended Consequences:

Finally, the bill could have unintended consequences for the economy. As already mentioned, bookstores and theatres, particularly when queer-owned and operated, would become targets of excessive policing. Legitimate sex industry businesses would be hurt as well. However, as conservative definitions of “appropriate gender presentation” privilege white and culturally white gender expression, it would be leveraged to target cultural events that break from white norms, such as pow-wows and other world heritage festivals. This negatively impacts the workers whose labor fuels the local arts and culture economy, particularly those of color. Finally, this bill could be used to cancel Pride celebrations, cutting hours for workers that provide goods and services at Pride events across the state and further locking queer owned and operated businesses out of the economy. This bill would further alienate workers from the means of production, limit their ability to produce, and earn a living wage.

Conclusion:

House Bill 249 is a deeply flawed piece of legislation that hides under the guise of protecting children from abuse. Its obfuscatory language risks infringing on constitutional rights and international law by targeting marginalized communities, creating unnecessary legal consequences for individuals and businesses, reinforcing trans genocide, and alienating the LGBT+ population from the means of production. Instead of targeting the trans and greater LGBT+ community, we urge lawmakers to reconsider this bill and work towards solutions that balance public safety with the protection of individual freedoms and rights and call upon the Akron City Council to take proactive measures against this bill by supporting our resolution. 

Queer Liberation Commission, Akron DSA.

Upated 4 April, 2026.

Citations.

Bragman, Walker. “Experts Warn U.S. in Early Stages of Genocide Against Trans Americans.” The Lemkin Institute, accessed 5 Feb, 2026. lemkininstitute.com/single-post/experts-warn-u-s-in-early-stages-of-genocide-against-trans-americans.

“Definitions of Genocide and Related Crimes.” The United Nations, accessed 5 Feb, 2026. un.org/en/genocide-prevention/definition.

State of Ohio, House. Enact the Indecent Exposure Modernization Act. HB249. 136th Cong. legislature.ohio.gov/legislation/136/hb249.