Federal Judge Tosses DeSantis Anti-Drag Show Law Over ‘Dangerously’ Broad Language
A federal judge in Florida ruled on Friday against a law signed by Republican Gov. Ron DeSantis in a case about a drag show at a family-friendly restaurant.
Last month, DeSantis signed a law that restricted drag queen performances in the state. The legislation allows the state to revoke the liquor license of restaurants or other commercial establishments that allow children to attend adult performances which feature “prosthetic or imitation genitals and breasts,” according to the Washington Post.
Equality and progressive advocates in Florida have said the law is aimed at targeting members of the LGBTQ community, while the governor claimed he signed the bill to protect kids.
Following the signing of the new law, Hamburger Mary’s Orlando sued the state on the grounds that it violates their First Amendment rights. U.S. District Judge Gregory A. Presnell said the language in the law was vague and “dangerously susceptible to standardless, overbroad enforcement.”
Per WaPo:
Presnell also said the law clashes with another DeSantis priority — the “Parents’ Bill of Rights” — because it allows the state to decide what performances children can attend, rather than leaving that choice up to parents. He added that existing obscenity laws already protect children from “any constitutionally unprotected obscene exhibitions or shows.”
The ruling means that the state’s Department of Professional and Business Regulation cannot enforce the law unless it prevails at trial. The agency has already moved to revoke the liquor licenses of a Miami hotel and an Orlando performing arts venue for hosting drag shows where children may have been present.
“This isn’t about gay people, this isn’t about trans people, this isn’t about drag queens. This is about our basic human freedoms,” said Brice Timmons, the attorney who represented the restaurant. “If we don’t stop it here, God help us.”
A spokesperson for the governor’s office told The Orlando Sentinel that DeSantis plans to appeal the ruling.
Have a tip we should know? tips@mediaite.com
