Judge blocks a Florida law saying no children at drag shows

[Gaybutton]

Judge blocks a Florida law that would punish venues where kids can see drag shows

by Jonathan Franklin

June 27, 2023

A federal judge has temporarily blocked the enforcement of a new Florida law aimed at prohibiting children from attending drag shows after a popular burger restaurant that hosts the shows sued the state of Florida and its governor, Ron DeSantis.

U.S. District Judge Gregory Presnell issued a preliminary injunction on Saturday in response to the lawsuit filed last month by Hamburger Mary's. The Orlando restaurant's owners allege in the suit that their First Amendment rights were violated after DeSantis signed Senate Bill 1438 into law. The measure would prohibit admitting children to certain drag show performances.

"This statute is specifically designed to suppress the speech of drag queen performers," Presnell wrote. "In the words of the bill's sponsor in the House, State Representative Randy Fine: '...HB 1423...will protect our children by ending the gateway propaganda to this evil – 'Drag Queen Story Time.' "

The judge's ruling will pause the "Protection of Children" law, which prohibits children from attending any "adult live performance."

An "adult live performance" is described in the law as "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 ... or the lewd exposure of prosthetic or imitation genitals or breasts."

Businesses or persons who are found in violation of the law could face prosecution, in addition to thousands of dollars in fines and having their business licenses revoked.

Republican Florida state Sen. Clay Yarborough, the bill's sponsor, did not immediately respond to NPR's request for comment on the temporary injunction.

Jeremy Redfern, DeSantis' press secretary, called the judge's opinion "dead wrong" and added that the governor's office is looking forward to winning an appeal.

"Of course, it's constitutional to prevent the sexualization of children by limiting access to adult live performances," Redfern said in a statement to NPR.

The owners of Hamburger Mary's said in a statement posted on Facebook that they're happy that Presnell sees that the state's new law is "an infringement on First Amendment Rights."

"I encourage people to read the court's injunction, every page, and understand the case, and put the politics and fear-mongering aside," the statement added.

Last month, DeSantis signed into law a ban on gender-affirming care for minors, restrictions on discussion of "preferred pronouns" in schools and restrictions on using bathrooms that don't match one's assigned sex at birth.

In 2022 alone, more than 300 anti-LGBTQ+ bills were filed during state legislative sessions and 29 of those bills were signed into law.

https://www.npr.org/2023/06/27/11845613 ... ed-florida

[Jun]

The judge's ruling will pause the "Protection of Children" law, which prohibits children from attending any "adult live performance."

An "adult live performance" is described in the law as "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 ... or the lewd exposure of prosthetic or imitation genitals or breasts."

If that's exactly as described in the body text what is the problem with the law ? I'm sure someone can explain.

I'm also struggling to see how the law described in the article bans children from attending drag shows, as implied in the title. Surely if the drag show complies with the very reasonable requirements specified, the law does not prevent the attendance of children ?

Finally, whilst I recognise that it's more a matter of principle, the children of Florida will not be missing much. I'm one of several board members who rarely attends a drag show.

[Gaybutton]

If that's exactly as described in the body text what is the problem with the law ? I'm sure someone can explain.

I see the problem as legislators trying to make decisions that should be left up to the parents. Don't forget that legally children are still children until age 18. If for some reason someone in their late teens wants to attend a drag show, especially if they are into drag themselves as are Thai lady-boys, I see no justification for a law prohibiting them.

What about Pride parades. Legally under the Florida law, would that be considered a drag show?

I believe people should make these kinds of decisions for themselves, not governments.

[Jun]

If interpreting this correctly, this is what they are proposing to prohibit children from seeing:

An "adult live performance" is described in the law as "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 ... or the lewd exposure of prosthetic or imitation genitals or breasts."

To the points in the most recent post:

I see the problem as legislators trying to make decisions that should be left up to the parents. Don't forget that legally children are still children until age 18. If for some reason someone in their late teens wants to attend a drag show, especially if they are into drag themselves as are Thai lady-boys, I see no justification for a law prohibiting them.

Countries like the US, UK & probably many others already have classification for films at cinemas.
Anything with nudity as described above would probably be subject to classification in a cinema.

To be consistent, either you remove the classification for cinemas or add the same level of classification for live shows.
The Cinema classification already includes less censorship for people in their teens.

What about Pride parades. Legally under the Florida law, would that be considered a drag show?

According to the text, only if it "depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities ... or the lewd exposure of prosthetic or imitation genitals or breasts"

The first part of this is in line with normal standards and the second part is treating imitation genitals the same as real ones.
For some reason, we are the only species that wears clothes and it is common to require people to cover up when in public. Perhaps it should not be, but this is how it is in most countries.

Of course, if there are to be laws protecting children from bad influences, a law banning under 18s from church would be a good idea.

[Gaybutton]

For some reason, we are the only species that wears clothes and it is common to require people to cover up when in public. Perhaps it should not be, but this is how it is in most countries.

Maybe in the entire universe. Have you ever noticed in every movie depicting aliens, the aliens are never wearing any clothes - with the exception being when the aliens look just like Earth's humans? They wear clothes - and many even speak English. I've never seen any that speak Thai though . . .

[maump]

If that's exactly as described in the body text what is the problem with the law ? I'm sure someone can explain.

I'm also struggling to see how the law described in the article bans children from attending drag shows, as implied in the title. Surely if the drag show complies with the very reasonable requirements specified, the law does not prevent the attendance of children ?

One of the problems with USA "law and justice" is politics of enforcement. given a law like this, media hungry prosecutors (elected politicians) will respond to a complaint, stop a "drag show", arrest some performers and the venue will be shutdown pending litigation. Months of litigation later, a judge will throw it out of court.

the result the venue is broke and closed, the performers are broke and irreparably harmed. they have no recourse against the government even for capricious prosecution. the Prosecutor will get his headlines and blame the woke judicial system for the failure.

One example : In my life I have seen dozens of abuses of various laws such as use of "indecent exposure" laws to go after a person urinating against a building or changing their clothes at the beach. (even though these laws require the exposure to be deliberate and designed to shock or offend).

give the politicians a headline for their election and they will go after the drag queens because so few people care.