Florida's Governor DeSantis administration has doubled down on its efforts to bar minors from attending drag shows. Leveraging a U.S. Supreme Court ruling that recently prohibited universal injunctions, the state government has pushed to resume enforcement of a 2023 law that targets such events. This comes after attorneys for Florida filed a motion with the 11th U.S. Circuit Court of Appeals to enable the law's enforcement in the interim. At the same time, ongoing legal challenges are resolved, as first reported by Orlando Weekly.
The amended request for enforcement spares one establishment, Hamburger Mary's, as pointed out by WUSF, which was at the heart of the lawsuit opposing the law. Previously, a preliminary injunction granted statewide by U.S. District Judge Gregory Presnell had halted the law's enforcement after he ruled the measure seemed aimed at suppressing the free speech of drag queen performers. In a statement obtained by Orlando Weekly, the motion by the state expressed the administration's intent, being, "fully protect HM's (Hamburger Mary's) rights for the remainder of this appeal while allowing the state to enforce its duly enacted statute geared at protecting children in other establishments in the state."
This legal maneuver follows the administration's prior crackdown on venues hosting drag shows accessible to minors, particularly in South and Central Florida. The legal framework of the disputed law entails the possible suspension or revocation of licenses for locations flouting the legislation, and additionally, a ban on public permits for events that may expose children to the condemned acts. The law itself focuses on performances that feature any form of nudity, sexual content, or lewd conduct, as per Orlando Weekly.
In contradiction to the state's stance, Judge Presnell pointed out in his preliminary injunction that Florida's existing statutes already shield children from obscene performances. "Such R-rated films routinely convey content at least as objectionable as that covered by (the 2023 law)," Judge Presnell mentioned, referencing the allowance for minors to attend R-rated movies with a guardian, according to a WUSF article. The conflict over the law thus continues, with the full appeals court yet to decide on a rehearing concerning the statewide injunction.
