A federal judge ruled that a Texas state ban on “sexually oriented” performances in public or locations visible to minors is unconstitutional.

Legislation passed earlier this year prohibited individuals from simulating sexual acts or displaying real or prosthetic genitalia in front of children. Violating the law would have been classified as a Class A misdemeanor and carried a fine of as much as $10,000.

United States District Judge David Hittner ruled that the bill infringed on First Amendment rights, arguing that the legislation “chills free speech.” Hittner had issued a temporary injunction on the bill last month.

“The court sees no way to read the provisions of SB 12 without concluding that a large amount of constitutionally-protected conduct can and will be wrapped up in the enforcement of SB 12,” Hittner ruled. “It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, dancing, live theater, and other common public occurrences could possibly become a civil or criminal violation.”

“Not all people will like or condone certain performances,” he continued. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

Critics of the bill claimed the effort was a thinly veiled attempt to ban drag shows, though there are no references to drag shows in the text of the legislation.

Hittner nevertheless referenced drag shows explicitly in his decision. “Drag shows express a litany of emotions and purposes, from humor and pure entertainment to social commentary on gender roles,” he wrote. “There is no doubt that at the bare minimum these performances are meant to be a form of art that is meant to entertain, alone this would warrant some level of First Amendment protection."

Texas Republican State Senator Bryan Hughes, the author of the bill, defended the legislation and vowed to appeal the ruling along with the Texas Office of the Attorney General.

“Surely we can agree that children should be protected from sexually explicit performances. That’s what Senate Bill 12 is about," Hughes said on social media. “This is a common sense and completely constitutional law, and we look forward to defending it all the way to the Supreme Court if that’s what it takes."