A federal judge in Amarillo issued a mixed ruling in the case against West Texas A&M University and President Dr. Walter Wendler for canceling a planned drag show in March to raise funds for The Trevor Project, an organization to prevent suicide in the LGBTQ community.

According to the court document, Spectrum WT was denied its amended motion for a preliminary injunction by United States District Judge Matthew Kacsmaryk. The judge says the second drag show planned for March 2024 will not “suffer irreparable harm in the coming months while this issue is litigated.”

The court also found that Spectrum WT had no standing against the Board of Regents in the lawsuit. According to the court document, Spectrum WT does not allege that any of the board members participated personally in the decision with Wendler to cancel the drag show.

Kacsmaryk said Wendler did not violate free speech when he canceled the drag show. Kacsmaryk said in the document, “The First Amendment does not prevent school officials from restricting ‘vulgar and lewd’ conduct that would ‘undermine the school’s basic educational mission’ — particularly in settings where children are physically present.”

In a statement released on Instagram, Spectrum WT said it is appealing and will keep fighting this case.

“While this decision is disheartening and a slap in the face to freedom of speech, it is not the end,” Spectrum WT said. “With the continued help of FIRE, we have appealed the case to the Fifth Circuit Court of Appeals.”