U.S. District Judge Gregory Presnell has issued a preliminary injunction blocking a Florida law which would bar minors from attending drag show performances.
The lawsuit, made on behalf of Hamburger Mary’s – a venue which has hosted drag shows for nearly two decades – alleges that the legislation undermines the First Amendment and freedom of expression.
Although the state law does not explicitly reference drag shows, its aim to limit youth access to “adult live performances.” The legislation defines such events to include “any show, exhibition or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement or specific sexual activities,” as well as “lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”
Judge Presnell questioned Republican arguments that blocking the law would “harm the public by exposing children to ‘adult live performances.'” “This concern rings hollow, however, when accompanied by the knowledge that Florida state law presently and independently…permits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian,” the Clinton-appointed justice said in his ruling.
A spokesperson for Ron DeSantis told the Tallahassee Democrat that the governor intends to appeal the matter immediately. “Of course it’s constitutional to prevent the sexualization of children by limiting access to adult live performances,” Jeremy Redfern, the governor’s press secretary, said. “We believe the judge’s opinion is dead wrong and look forward to prevailing on appeal.”
During a speech to a conservative Christian group in Orland in May, DeSantis echoed his support for the bill. “We believe in letting kids be kids,” the Republican presidential contender told the group. “And some of this stuff with like, you know, we saw with these drag shows, some of this adult entertainment, not necessarily my cup of tea.”
A similar law was recently struck down in Tennessee by a federal judge arguing that it was “constitutionally vague and substantially overbroad.”