Judge blocks Florida law protecting kids, citing concerns over suppressing drag queen performers’ speech.

Florida Judge Blocks Law Prohibiting Minors from Attending Drag Performances

In a recent ruling, a federal judge nominated to the District Court by former President Bill Clinton has halted the implementation of HB 1438 in the state of Florida. This law aimed to prevent establishments from knowingly admitting minors to “adult live performances,” including drag shows.

‘Adult live performance’ refers to any show or exhibition that depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities. It also includes lewd conduct or the lewd exposure of prosthetic or imitation genitals or breasts. However, it must predominantly appeal to a prurient, shameful, or morbid interest, be patently offensive to prevailing standards in the adult community, and lack serious literary, artistic, political, or scientific value for the age of the child present.

Governor Ron DeSantis, a member of the Florida GOP, signed this bill into law in May, emphasizing the importance of protecting the innocence of Florida’s children. However, the owners of Hamburger Mary’s Orlando, a drag-themed restaurant, filed a lawsuit against the state, arguing that the law violated their First Amendment rights.

U.S. District Judge Gregory A. Presnell, appointed by Clinton in June 2000, ruled in favor of the drag-themed restaurant. He expressed concerns that the law could be enforced in an overbroad and arbitrary manner, posing a threat to free speech. Judge Presnell also highlighted that the law conflicted with Florida’s “Parents’ Bill of Rights” by granting the state the authority to determine which performances children could attend, instead of leaving that decision to the parents.

Judge Presnell noted that the law appeared to target drag queen performers, quoting the sponsor of HB 1438, Republican state Rep. Randy Fine, who claimed it would protect children from the so-called “evil” of “Drag Queen Story Time.”

The judge emphasized that Florida’s existing obscenity laws already safeguard children from constitutionally unprotected obscene exhibitions or shows.

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