Florida Again Seeks Permission to Protect Children from Sexualized Performances

TALLAHASSEE, FLORIDA — The state of Florida is leaving no stone unturned in its attempt to shield children from sexualized performances.

The legal team from Florida Attorney General Ashley Moody filed a brief with the 11th U.S. Circuit Court of Appeals on Friday requesting the state be permitted to enforce its Protection of Children Act, which prohibits knowingly exposing children to “adult live performances.” 

Last week, the U.S. Supreme Court (SCOTUS) declined the state’s request to lift a preliminary injunction that is preventing the enforcement of the new law.

Attorneys representing the state said in the brief that the law is not a violation of the First Amendment, but is a matter of the state’s interest “in protecting children from exposure to obscenity.”

The state has insisted that the law is not a crackdown on drag shows or sexualized events for adults – but protecting children is the intent of the law. 

“Because of this feature, the act does not unnecessarily deny or impede access of adults to communications that are constitutionally protected for them,” attorneys wrote in the brief. “The act proscribes only the knowing exposure of a child to unprotected speech - speech that is obscene for children of that age. It is therefore entirely consistent with the First Amendment.”

HOW DID WE GET HERE?

In May, Florida Governor Ron DeSantis signed the Protection of Children Act with the stated goal of shielding minors from overtly sexualized events – including many drag queen shows that have become increasingly marketed as suitable for “all ages.” Restaurants, bars, and other venues could have their licenses revoked if they violate the law. 

One week later, Hamburger Mary’s – a drag-themed restaurant chain with several locations in Florida – sued the state, claiming the law violated the First Amendment and that they would suffer financial losses as a result of its enforcement.

Hamburger Mary’s has promoted cross-dressing male performers with stage names such as “Dee Ranged” and “A’Whora.” This summer, a video posted on social media showed a young boy on stage with “drag queen” performers allegedly at Hamburger Mary’s Orlando. 

In October, Moody filed an application to SCOTUS in order to give the green light for the state to implement its law. That would have required SCOTUS to overturn a previous ruling from U.S. Middle District of Florida Judge Gregory A. Presnell who ruled in favor of Hamburger Mary’s – a restaurant and plaintiff. 

In SCOTUS’ denial of the state’s request, conservative justices Brett Kavanaugh and Amy Coney Barrett sided with the court’s liberal justices in the ruling.