Ohio House Bill 249, Every Law It Changes and How It Affects You

What is Ohio House Bill 249?

Ohio House Bill 249, the Indecent Exposure Modernization Act, passed the Ohio House on March 25, 2026, by a 63–32 vote and now awaits a Senate vote. It amends three sections of Ohio law — covering public indecency, adult entertainment performances, and liquor permits — and creates a new criminal offense called “unlawful adult cabaret performance.”

Ohio HB 249 passed the House. It has not become law yet. As of April 3, 2026, it sits in the Ohio Senate, where it must pass before going to the Governor for signature. That distinction matters — everything in this article describes what the bill would do if the Senate passes it unchanged.

The bill amends three specific sections of the Ohio Revised Code: § 2907.09 (public indecency), § 2907.39 (adult entertainment and obscene performances), and § 4301.25 (liquor permit enforcement). Each section affects a different group of people differently. This article walks through every change, in plain English, with the actual legal consequences attached.

Where Ohio HB 249 Stands Right Now

HB 249 passed the Ohio House on March 25, 2026, and has been introduced in the Ohio Senate. The bill passed with a vote of 63–32 and now advances to the Ohio Senate. Rep. Jamie Callender (R-Concord) was the only Republican to vote against the bill, joining all Democrats.

The bill has not been signed into law. Until the Senate acts and the Governor signs it, existing Ohio law remains in effect. If the Senate amends the bill, a conference committee must reconcile the two versions before it reaches the Governor’s desk.

Law Change 1 — Public Indecency Gets a New Definition (§ 2907.09)

The first change updates Ohio’s public indecency law. Current Ohio law prohibits recklessly exposing “private parts” in public — but that term has never been defined in the statute. HB 249 replaces “private parts” with “private area,” which the bill defines to include genitals and breasts.

The bill changes the definition of public indecency from “private parts,” which is not defined in law, and expands it to “private area,” which includes genitals and breasts.

What this means for you: The change in wording is largely a clarification, but it does expand the defined scope. For most Ohioans, the practical effect is minimal — public nudity was already illegal. The more significant element is the breastfeeding exemption the bill adds. The bill explicitly exempts breastfeeding women — only the breast exposure during breastfeeding is protected. Under current law, the protection for breastfeeding mothers is less clearly stated. HB 249 makes it explicit in statute.

Related article: HEXPOL Exposed Your Social Security Number — Here’s How to Claim Up to $5,250 Before June 15, 2026

Law Change 2 — A New Crime: Unlawful Adult Cabaret Performance (§ 2907.39)

This is the most significant and most debated change in the bill. The bill creates a new offense called “unlawful adult cabaret performance,” prohibiting such performances outside of adults-only venues like nightclubs or bars where minors might be present.

The bill defines an adult cabaret performance to include strippers, exotic dancers, topless performers, and — the provision generating the most legal debate — performers or entertainers who exhibit a gender identity that is different from their biological sex using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers.

Critically, the offense does not apply to every such performance. It applies when the performance is harmful to juveniles or obscene and takes place in a location where a minor could be present. The bill does not require a minor to actually be in the audience — only that the location is one where a minor could be present.

What this means for performers: Anyone who performs under a gender identity that is not consistent with their sex assigned at birth outside of a legally-defined adult cabaret may be subject to penalties ranging from a first-degree misdemeanor up to a fourth-degree felony. A first-degree misdemeanor in Ohio carries up to 180 days in jail and a $1,000 fine. A fourth-degree felony carries up to 18 months in prison.

What this means for venues: Theaters, libraries, community centers, family-friendly restaurants, outdoor event spaces, and any venue that is not a licensed adult cabaret could face legal exposure for hosting covered performances. The bill reinforces and modifies existing law regarding prohibiting minors from entering adult entertainment establishments and penalizing minors who use false identification to gain entry. It also includes an affirmative defense for establishments if they took reasonable steps to verify age.

The Penalties in Detail

A person who recklessly violates the bill’s prohibition is guilty of unlawful adult cabaret performance, which is generally a first-degree misdemeanor if the performance occurs in the presence of a person under the age of 18. The offense elevates to a fifth-degree felony if the performance escalates in defined ways. A fifth-degree felony in Ohio carries up to 12 months in prison and a $2,500 fine.

What Both Sides Are Arguing

Supporters argue the bill protects children from obscene or sexually explicit content in public or family spaces, and that it only restricts performances that meet the legal standard of “obscene” or “harmful to juveniles” — not all gender-nonconforming expression. House Speaker Matt Huffman (R-Lima) said the bill doesn’t ban drag shows and simply updates existing laws, calling it “narrowly tailored” and “constitutional.”

Critics, led by the ACLU of Ohio, argue the language is broad enough to create serious legal risk far beyond explicitly sexual performances. The ACLU of Ohio argues the bill’s language around “gender identity different from biological sex” is subjective, vague, and up to the interpretation of the observer — potentially exposing transgender or gender-nonconforming people in everyday settings. Opponents argue the overly broad definition of adult cabaret performances raises First Amendment concerns, as the bill can be interpreted to fit numerous types of performances that do not involve sexual content.

This legal tension between the stated purpose and the practical scope of enforcement is exactly why this bill will almost certainly face court challenges if it becomes law.

Law Change 3 — Liquor Permits at Risk (§ 4301.25)

The third change is less discussed but directly relevant to bar and restaurant owners. The bill amends § 4301.25 to include conviction for permitting a juvenile on the premises of an adult entertainment establishment as a cause for suspension or revocation of a liquor permit.

What this means for venue owners: If your establishment holds a liquor permit and someone is convicted under the new adult cabaret performance offense on your premises, your liquor license can be suspended or revoked. This gives the Ohio Liquor Control Commission direct enforcement power over venues where covered performances occur, beyond any criminal charges against the performer.

What Does Not Change

It is worth being equally clear about what this bill does not do. It does not ban all drag performances. It does not prohibit gender-nonconforming expression in private settings. It does not create new regulations on cosmetologists, makeup artists, or the beauty industry. The bill is specifically aimed at live public performances in the context of the defined adult cabaret offense.

Frequently Asked Questions

Has Ohio HB 249 become law yet? 

No. As of April 3, 2026, HB 249 passed the Ohio House on March 25, 2026, and has been sent to the Ohio Senate. It must pass the Senate and be signed by the Governor before it becomes law. The Senate may amend it, pass it unchanged, or let it stall. Check the Ohio Legislature’s official status page at legislature.ohio.gov/legislation/136/hb249 for real-time updates.

How long does it take for a bill like HB 249 to move through the Ohio Senate?

 There is no fixed timeline. Some bills move through the Senate in weeks; others sit in committee for months or are never taken up for a vote. Given the political attention HB 249 has received, the Senate is likely to hold hearings before any floor vote. The 136th General Assembly session runs through 2026.

Do I need a lawyer if HB 249 becomes law and affects my performances or venue? 

Yes, if you are a performer or venue owner operating in a space that could be affected by the adult cabaret performance definition, you should consult an attorney before the law takes effect. The vagueness critics identify in the bill’s language means enforcement will likely vary, and legal advice tailored to your specific situation is essential for managing your risk.

Does HB 249 apply to transgender people in everyday life, not just performers? 

This is one of the most contested questions surrounding the bill. Supporters say it only applies to performances that are obscene or harmful to juveniles in designated settings. Critics, including the ACLU of Ohio, argue the language is broad enough to reach everyday gender expression. Courts will ultimately determine the scope — which is why legal challenges are widely expected if the bill is signed into law.

Could HB 249 be ruled unconstitutional?

 That is a live legal question, not a settled one. Critics have raised First Amendment concerns about free expression and vagueness. Several similar laws in other states have faced federal court challenges with mixed outcomes. If HB 249 becomes law, constitutional litigation is widely anticipated, and courts may issue injunctions that block enforcement while cases proceed.

Legal Terms Used in This Article

Adult Cabaret Performance: As defined in HB 249, a performance by strippers, exotic dancers, or performers expressing a gender identity different from their biological sex, when the performance is harmful to juveniles or obscene and occurs where a minor could be present.

First-Degree Misdemeanor: The most serious misdemeanor classification in Ohio. Carries a maximum penalty of 180 days in jail and a $1,000 fine.

Fifth-Degree Felony: The least serious felony classification in Ohio, but still a felony. Carries up to 12 months in prison and a $2,500 fine.

Fourth-Degree Felony: A mid-level felony in Ohio. Carries up to 18 months in prison and a $2,500 fine.

Harmful to Juveniles: A legal standard under Ohio law referring to content that appeals to prurient interest in sex, is patently offensive to prevailing standards for minors, and lacks serious value for a reasonable minor.

Obscene: A legal standard under Ohio law based on the U.S. Supreme Court’s Miller test — whether material appeals to prurient interest, is patently offensive, and lacks serious literary, artistic, political, or scientific value.

Liquor Permit: A state-issued license allowing a business to sell or serve alcohol. Regulated by the Ohio Liquor Control Commission under ORC Chapter 4301.

What You Should Do Before This Bill Becomes Law

Ohio HB 249 is not law today. But if you are a performer, a venue owner, a parent, or a business holding a liquor permit in Ohio, you should understand every provision now — not after the Governor signs it.

The legal questions this bill raises are real, the penalties are serious, and the definitions are contested enough that enforcement will not be uniform. If any provision of this bill could affect your livelihood, your performances, or your business, do not wait for legal clarity to arrive on its own. Contact a licensed Ohio attorney today for a free consultation. Visit AllAboutLawyer.com to learn more about your rights under Ohio law.

Sources

• Ohio Legislature — HB 249 official status: legislature.ohio.gov/legislation/136/hb249
• Ohio Legislative Service Commission Fiscal Note, March 27, 2026: legislature.ohio.gov/download?key=27649
• Ohio House Republican Caucus press release, March 25, 2026: ohiohouse.gov
• ACLU of Ohio analysis: acluohio.org/news/not-just-queens-how-hb-249-and-similar-bills-ban-more-than-drag
• Statehouse News Bureau, March 26, 2026: statenews.org

Last Updated: April 3, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.