Hamburger Mary’s Sunday Broadway Brunch in June 2018. (Photo by Jake Stevens)
ORLANDO, Fla. (AP) | A federal judge on June 23 temporarily blocked a new Florida law targeting drag shows that was championed by Republican Gov. Ron DeSantis.
U.S. District Judge Gregory Presnell granted a preliminary injunction stopping the law from being enforced until a trial is held to determine its constitutionality, and he denied a Florida licensing and regulatory agency’s request to dismiss it.
The complaint was brought by the owner of a Hamburger Mary’s restaurant and bar in Orlando, which regularly hosts drag shows, including family-friendly performances on Sundays where children were invited to attend. The restaurant owner said it violated First Amendment rights by chilling speech, was written vaguely and was overbroad.
“What I know is that the right is creating a false narrative that kids are being groomed here, that we are pedophiles, we’re recruiting, and people buy into that. Parents come with their kids, so nobody is talking to them and grooming them, but people buy into that narrative and are upset about it. If it were true, I would be mad too, but it’s not. There’s no speck of validity in those comments at all. Those people haven’t been here to experience our show,” said owner John Paonessa in an interview with Watermark back in May when the lawsuit was filed.
After the ruling, Florida Rep. Anna V. Eskamani, a staunch supporter of the LGBTQ+ community, said this is “another legal win for the people of Florida and for the First Amendment.”
“I am thrilled with this outcome and it’s especially meaningful for a decision to be released during Pride Month too,” Eskamani said. “The United States should not be hindering free speech or erasing communities. In deep contrast, we should respect different cultural identities and embrace freedom of expression. Here’s to many more legal wins — here’s to the fight for equality.”
An email seeking comment was sent to the Florida Department of Business and Professional Regulation, which is the remaining defendant after the judge dismissed DeSantis and the state as defendants. Proponents of the legislation have said the law is meant to keep children from viewing sexually explicit performances and is constitutional.
The new law punished venues for allowing children into “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.
Because of such statements “plaintiff’s fear of prosecution based on the Act’s alleged vague construction is not unfounded,” the judge wrote.
Venues that violated the new law faced fines and the prospect of their liquor licenses being suspended or revoked. Individuals could be charged with a misdemeanor crime. The Florida agency moved to revoke the liquor licenses of a Miami hotel and a performing arts center owned by the Orlando Philharmonic Plaza Foundation after they hosted drag shows where investigators claim minors were present.
The judge also noted that the law didn’t define “live performance,” which could include anything from a burlesque show to “a skit at a backyard family barbecue,” and it didn’t include an exception for parents who were fine with their children seeing a drag show.
Ahead of announcing a run for the 2024 GOP presidential nomination this spring, DeSantis made anti-LGBTQ+ legislation a large part of his agenda as governor. Other bills he signed would ban gender-affirming care for minors, and restrict discussion of personal pronouns in schools.
