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‘No likelihood of success on the merits.’ Judge dismisses lawsuit challenging drag performances at Elmira Pride Festival

The John H. Hazlett Building in downtown Elmira where Tuesday's state supreme court case was held.
Natalie Abruzzo
/
WSKG News
The John H. Hazlett Building in downtown Elmira where Tuesday's state supreme court case was held.

New York State Supreme Court Justice Christopher Baker ruled in the city of Elmira’s favor after claims that the city violated its code ordinance for special-event permits by authorizing drag performances for the upcoming Pride festival.

Elmira resident Julian Raven filed the lawsuit on May 26.

He said allowing a drag show during the festival breaks city zoning laws pertaining to “adult-use or sexually-oriented business and public decency“ in public parks or where minors are present.

Julian Raven lost his lawsuit claiming the city violated its zoning code ordinance for special-event permits by allowing drag performances during the Elmira Pride festival.
Natalie Abruzzo
/
WSKG News
Julian Raven lost his case against the city allowing drag performances during the upcoming Elmira Pride festival in Wisner Park.

Southern Finger Lakes Pride (SoFLX), an organization participating in the event, called the lawsuit an “act of hate” in an email to WSKG, stating it “does nothing to better our communities.”

“[SoFLX] Pride has hosted 7 yrs of safe, inclusive, community-driven pride festivals,” said Hannah Jones, SoFLX Pride executive director. “We see thousands of attendees each year, including local businesses, civic organizations, arts organizations, local churches, and more. The spaces we create at Pride create lasting positive and generational impacts and we will continue to support these spaces.

We hope people come out to as many pride festivals as they can this summer to show support and love to each other. Because that is what is needed right now. Come support and care for each other at Elmira Pride June 6 and SoFLX Pride June 13!”

Raven sought an immediate injunction and city code review.

During a hearing on June 2, Baker stated that Raven “has to demonstrate an injury rising above conjecture or speculation.”

Baker said in his ruling the claims had “no merit,” are “unduly vague,” and had “no likelihood of success on the merits.” He dismissed the case in its entirety.

“I disagree with the judge, obviously. He has a job to do, the city has a job to do, and the citizens have a job to do,” Raven said after court adjourned. He also said he plans to run for Elmira city mayor as an Independent in 2027.

“It’s my destiny to run for mayor. It’s been my destiny for 20 years.”

Susan Wilks, a retired attorney and current Democratic candidate for Chemung County Legislator in District 7, said Elmira Pride is important for the LGBTQ community.

Susan Wilks (left) attended the state supreme court hearing in Elmira Tuesday with her daughter, Emily Wilks (right).
Natalie Abruzzo
/
WSKG News
Susan Wilks (left) attended the state supreme court hearing in Elmira Tuesday with her daughter, Emily Wilks (right).

“The city council followed their prescribed process and approved the event, including the drag performances, and Mr. Raven was upset about that,” said Wilks. “So, okay, bring a lawsuit, but I think the judge was quite efficient in ending that argument, and allowing the Pride festival to go on.”

She and her partner are participating as a food vendor Saturday. She said they have invested thousands in food and equipment for the event.

“So, if this event had been closed, or even the drag entertainment had been nixed, it would have really affected our planning and our investment in the event.“

There are 40 artists, organizations, and vendors signed up for the Elmira Pride Festival, according to organizers at Park Church.

In a statement to WSKG, Park Church said that the event is for the community and “celebrates inclusion, community engagement and the dignity of our LGBTQ+ neighbors while providing educational, cultural, and family-friendly programming.”

“I am not aware of any aspect of the Pride festivities that would constitute an adult-use business, sexually oriented business, public indecency issue, or other activity prohibited under local law,” said Brent Stermer, Park Church president and Chemung County legislator. “Pride events held in Elmira have historically included vendors, music, community organizations, health resources, faith groups, and family-oriented activities that are common at many public festivals held throughout our region.

The legal arguments raised in the current lawsuit are ultimately matters for the courts and the City of Elmira to address. I respect the legal process and will allow those questions to be resolved through the appropriate channels. However, I believe it is important to recognize that LGBTQ+ residents are members of our community, our neighborhoods, our churches, our workplaces, and our families. They deserve the same opportunity as any other group to gather, celebrate, and participate in public life.

The Park Church has long been committed to welcoming people from all walks of life, and we are proud to support efforts that foster understanding, community engagement, and respect for human dignity. Regardless of differing viewpoints, I hope our community continues to approach these conversations with civility, compassion, and a commitment to treating one another with respect.”

The Elmira Pride Festival is Saturday, June 6 from 11 a.m. to 4 p.m. in Wisner Park.

WSKG is participating in the Elmira Pride Festival event. This piece was independently reported.