Park board hears heated public debate over Pride festival drag performance; reviews certificate of insurance

ZIONSVILLE, Ind. — The Zionsville Park and Recreation Board spent much of its Aug. 13 public-comment period hearing sharply divided views about a Pride Festival at Mulberry Fields scheduled for the coming weekend, and reviewed a certificate of insurance the event organizer supplied to the board. The discussion matters because residents urged the board to rescind the town's approval or take other steps, while legal staff and the board's advisors explained the board's limited authority and the high legal standard for prohibiting performances as obscene under Indiana law. Dozens of people spoke during the public-comment portion. Opponents said the event, and a drag performance scheduled as part of it, is inappropriate in a public park where children and other families may be present. Regina Sherrow, who gave her address as 1838 Corniche Drive, said she was "not in favor of the drag queen" aspect of the event and asked whether the board had reviewed the insurance and whether the town could be exposed to litigation. Several other speakers offered opposing views. Casey Simes, who identified herself as a lesbian and longtime resident, described drag performances as community events and said they can be family-oriented. Kristen Efling urged the town to view drag as a form of theatrical expression and argued a family-friendly performance "will be a celebration that benefits everyone in our community." Event organizer Aubrey Abel, who said she is one of the event's organizers, told the board the festival is "a celebration of a diversity, inclusion, and community" and that "nothing at the festival is going to meet the legal definitions of obscenity or material harmfulness to minors." Board members and legal counsel explained the limits of the park board's authority. Jared, a parks staff member, told the meeting the board does not have authority to approve or rescind the town's special-event permit for a nonprofit sponsor and that the board's agenda item was strictly to review a certificate of insurance the board requested. Jared read state statute language aloud and noted the board had consulted legal counsel. Jared read portions of the statute in open session: "Indiana code 35 dash 49 dash 2 dash 2.5 states that a government entity may not knowingly or intentionally organize, host, or fund an obscene performance." He and John Oberlander, park board attorney, told the board that the law defines an obscene performance by a three-part test and said moral objection alone is not a legal standard to bar a performance. On insurance and liability, park board attorney John Oberlander said the town's special-event policy requires an event sponsor to submit commercial general liability coverage of at least $1 million, and that the Pride event sponsor provided a certificate showing the town and the park board listed as additional insured. Oberlander said the policy does not currently require the town to collect certificates of insurance for every vendor the organizer might hire, though he and board members discussed that practice as a possible policy change. Board members said they sought the certificate naming the board after requests from residents and that receiving it increased the civil-liability protections for the park board. No park-board motion was made to block or rescind the event; officials said they lacked authority over a previously approved town permit. Jared said staff will recommend policy changes so future events on park property could require vendor-level certificates and other documentation. Supporters and opponents agreed on one thing: the subject drew strong feelings on both sides. The board closed the public-comment period after hearing multiple residents and moved on to its staff and agenda items. Looking ahead, the board and staff said they will bring proposed changes to the town's special-event and vendor-insurance procedures back to the park board for consideration so that future public events on park property are reviewed under consistent requirements.