Florida Asks SCOTUS to Allow State to Protect Children from Sexualized Events

TALLAHASSEE, FLORIDA — Florida Attorney General Ashley Moody has filed an application to the Supreme Court of the United States (SCOTUS) asking for permission to allow the state to enforce a law that cracks down on businesses and venues that host children at sexually explicit events. 

Florida is seeking the law to be implemented while it is being legally deliberated. 

The U.S. District Court for the Middle District of Florida issued a “universal preliminary injunction” against Florida’s Protection of Children Act in June 2023. The injunction said that the Florida law violates First Amendment protections. 

U.S. Middle District of Florida Judge Gregory A. Presnell also stated that the court wanted to “prevent injury” against the restaurant. 

The plaintiff at the center of the suit is an Orlando restaurant called Hamburger Mary’s. On its Facebook page, the establishment promotes a weekly event called “Dining with Divas” where “drag” performers are present. The restaurant has promoted performers with stage names such as “Dee Ranged” and “A’Whora.” 

The restaurant has claimed it does not allow children at events, but videos shared on social media show “drag” performers inviting a young boy on stage asking him to interact with cross-dressing men. 

Moody’s petition stated that the lower court ruling causes “irreparable harm on Florida and its children by purporting to erase from Florida’s statute books a law designed to prevent the exposure of children to sexually explicit live performances.” 

It also said that “Hamburger Mary’s has not alleged, much less proven, that application of the Protection of Children Act to others in the State of Florida will cause actual or imminent injury to Hamburger Mary’s itself.” 

The law was priority legislation for Florida Governor Ron DeSantis when he signed it into law in May.  

“Sexually explicit content is not appropriate to display to children, and doing so violates Florida law,” the Department of Business and Professional Regulation wrote in a statement at the time of the bill signing. 

HEINOUS ACTS WITH CHILDREN PRESENT ACROSS FLORIDA

Another Orlando venue was the site of explicit content with children present. 

Plaza Live hosted children at a drag show where the cross-dressers performed sexually explicit material and simulated an abortion on the stage. It was a part of a tour called “Drag Queen Christmas” in December 2022. 

The Florida Department of Business and Professional Regulation (DBPR) sent a letter to Plaza Live proprietors promising to take disciplinary action if the venue violated Florida state law by exposing children to sexually explicit activity.

In Jacksonville earlier this month, Mayor Donna Deegan was Grand Marshal for a “Pride” event where sex toys, condoms, and lube were passed out to patrons of the marketed “family-friendly” event. Deegan’s office claimed she did not see these items being passed out while present at the event.