ORLANDO, Fla. – A ruling that blocks a Florida law regarding adult live entertainment and children will not be limited to just the restaurant suing the state, a federal judge ruled Wednesday.
Hamburger Mary’s in Orlando sued the state over SB 1438 in May, saying its provisions meant it could no longer allow children at its drag show performances even though they were considered family-friendly and caused the restaurant to lose business.
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The law suspends or revokes the licenses of businesses that knowingly admit children to an “adult live performance.”
U.S. Judge Gregory Presnell issued an injunction last month, saying the law was unconstitutionally vague and overbroad, citing particular language in the bill that targeted shows with “lewd conduct” and “lewd exposure of prosthetic or imitation genitals or breasts.”
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“There is no question to me that this targets drag performers and puts them on notice,” Presnell told attorneys for the state during oral arguments last month.
That injunction blocks the law from taking effect while the lawsuit proceeds through the court system.
The state asked the judge to limit the injunction to only benefit Hamburger Mary’s, not any other business in the state, saying the court did not have the authority to protect anyone not party to the lawsuit and that a statewide injunction would threaten Florida with “irreparable harm.”
But Presnell said in his ruling Wednesday that the law creates an “unnecessary risk of chilling free speech,” thus imposing a restriction on First Amendment activity. As for causing harm to Florida, Presnell also pointed out that even without SB 1438, the state already has obscenity laws on the books that can protect children in such situations.
“(The state’s) suggestion that any other harmed parties should bear the cost and delay of litigating their free speech rights simply does not comport with First Amendment principles. All of these harms weigh heavily in favor of protecting non-parties from enforcement of this unconstitutional statute,” Presnell wrote.
The state is appealing Presnell’s original ruling.
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