ST. GEORGE, Utah — Mitski Avalox, CEO of Southern Utah Drag Stars wanted to host a special all-ages drag event in St. George this April.
"There's such a need for a safe space in drag in Southern Utah," says Avalox.
But a few weeks ago, the city denied her event on the basis of violation of city advertising ordinance.
On Tuesday, they denied her appeal along with another food market's appeal in a 4-1 vote.
St. George special events advertising ordinance 3-1-04 Section C says, "No advertising of a special event shall be permitted until city approval of the special event is granted and a special event permit is issued."
"During this whole process I was completely aware of this clause that St. George had in their ordinance that advertising was not allowed until city approval and the special event permit issuance," Avalox said.
While she was aware of the ordinance, Avalox says she was given verbal permission by St. George Special Events Coordinator, Sarah Reber, to advertise before her permit was issued.
"My worry was the city was postponing their signing off on many things just to not allow me to have enough time to advertise," Avalox said. "I went and asked Sarah Reber if I could start advertising and she said 'sure'.
"My biggest mistake was not recording this conversation or having it in writing."
In a signed affidavit Reber says she did not communicate to any applicant that the applicant was allowed to advertise before the special events permit was issued.
Assistant St. George City Attorney, Ryan Dooley, says the city had the right to deny Avalox's appeal.
"The city was on solid legal footing for denying the event because it was clear they were advertising without having their permit issued and without it being approved," Dooley said.
But Avalox argues numerous events advertised before their special event permit was issued and did not have their event denied.
Some events in the city's affidavit were Brook's Block Party, Utah Government Finance Officer Association, the Ironman, and others, but the city says these events are exempt from the advertising ordinance because they are reoccurring or city sponsored.
"The city has carved out reoccurring and city sponsored events from the temporary zoning ordinance 2023-03-003 for the 45-day rule and applied the advertising exception to them," Dooley said.
"New events are thus subject to the 45 days in advertising prohibition prior to approval and permit being issued."
St. George is currently pausing the approval of all new special events until September 15th, but city council members said they were considering shortening it.
Dooley says during the special events moratorium, issues raised by Avalox and others will be addressed, but Avalox is not convinced.
"They said we're going to address the issue of advertising; I think they're just kind of saying that. Their advertising clause how it is is unattainable and unrealistic for virtually all events," Avalox said.
