I am the proud brother of one of the founding members. They became an IRS recognized not-for-profit 501 (3)(c) in 2019. Their primary mission, since their inception, has been to raise money for charitable causes. Not one member of The Rubi Girls has ever received personal remuneration for their efforts, despite spending countless hours and personal money to support their common cause. This fact may distinguish them from drag troops or individuals in other communities that may personally benefit financially from their performances or even rely on drag entertainment as their livelihood.
The Rubi’s goal were founded to contribute financially to assist in finding a cure for HIV AIDS. Their performances were so well received that they were able to expand their entertainment repertoire and support additional charitable organizations, which currently total over 90. By the end of 2023, they had raised over $3,000,000. To date, they have performed before audiences at the Dayton Art Institute, Ohio Northern University, and the National Council of Mayors.
The Rubis have established a permanently endowed scholarship fund through the Dayton Foundation, which is currently valued at $100,000 and will exist in perpetuity. PNC Bank, CareSource, The Green Tree Group, and Wagner Subaru are or have been among the Rubi’s corporate sponsors.
The stated purpose of HB 245 is to protect children from “obscene content”. However, the language of the Bill is both vague and overreaching. The Rubi’s rights to freedom of speech and expression under the First Amendment to the Constitution are clearly challenged.
HB 245 not only attempts to restrain what the Rubis may say, where they may say it, and what they can wear, but also criminalizes their conduct.
Laws that attempt to define and regulate moral conduct invariably spawn divisive rhetoric, confusion in their interpretation, and unintended consequences. Ultimately, the unfortunate result is often ongoing litigation, from which neither side emerges “victorious.”
Are the Rubi Girls’ performances “off-color”? Do they contain some material that is sexually explicit? The answer is yes, but not always. The Rubis have consistently tailored the content of their shows to tone things down for a specific audience. The reality is that audiences have for centuries been entertained by performers in drag that utilize suggestive material to present parody, satire and social commentary in productions that are theatrical and entertaining. The language of HB 245 would have prohibited Shakespeare from producing plays featuring cross-dressing actors.
Rather than subject the Rubis to the chilling effects of HB 245, there exists an alternative solution that is available to the sponsors of the Bill. If they are personally offended by drag performances, neither they nor their children should attend. If a parade includes drag performers, they should simply stay home, or go to a movie they deem acceptable.
By so choosing, they will preserve their personal sense of “decency” and avoid exposure to performances that they may feel are unacceptable or offensive. The Rubis would both respect and applaud their decision, and their mantra that “THE SHOW MUST GO ON” would continue to benefit multiple charities.
Harold Farquhar graduated from Trotwood-Madison High School in 1968 and attended Bowling Green State University and Ohio Northern University Law School. He retired from law practice in 2014.
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