Federal Judge Blocks Florida Law Banning Minors from Attending Drag Shows

U.S. district judge Gregory Presnell issued a preliminary order blocking a Florida statute that would ban minors from attending drag shows.

The lawsuit was filed on behalf of Hamburger’s, a venue that has hosted drag performances for almost two decades. It claims the legislation violates the First Amendment as well as freedom of expression.

Drag shows are not specifically mentioned in the law, but it is intended to restrict youth access to live adult performances. The legislation includes “any show, exhibit or other presentation before a live audience that, in part or whole, depicts or simulats nudity or sexual activity, sexual excitement, or specific sexual activities,” and “lewd behavior, or the lewd exposition of prosthetic or fake genitals, breasts, or genitals.”

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.

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A spokesperson for Ron DeSantis informed the Tallahassee Democrat the governor intended to appeal immediately. Jeremy Redfern said, “Of Course it’s Constitutional to prevent sexualization of kids by limiting their access to live adult performances.” “We think the judge’s decision is wrong and we look forward to winning on appeal.”

DeSantis reiterated his support of the bill in a May speech to a group of conservative Christians in Orland. The Republican presidential candidate told the group that he believes in letting children be kids. “And this stuff, like, you’ve seen with drag shows and some of the adult entertainment is not my cup of tea.”

A federal judge in Tennessee recently overturned a similar law, claiming that it was “constitutionally unclear and substantially too broad.”