A block on Florida’s law preventing children from attending “adult live performances” will remain in place statewide, a federal appeals court ruled Wednesday.
In a 2-to-1 ruling, the 11th U.S. Circuit Court of Appeals refused to lift part of the stay on the lawsuit as the state of Florida requested.
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Orlando restaurant Hamburger Mary’s sued the state of Florida in May, claiming the new law, which has affected live drag performances across the state, forced them to refuse entry to minors for their family-friendly drag shows and impacted the restaurant’s sales.
A federal judge in June issued a preliminary injunction and blocked the Florida Department of Business and Professional Regulation from enforcing the law across the state.
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DBPR Secretary Melanie Griffin appealed, asking that the injunction be limited only to Hamburger Mary’s.
Two of the three appeals court judges ruled that it wasn’t ruling on the law itself, but upholding the lower court’s right to decide the law was likely overbroad and unconstitutional under the First Amendment.
“Secretary Griffin has not made a substantial showing that the district court erred in crafting the preliminary injunction to prohibit her from enforcing § 827.11,” the court ruled.
The dissenting judge said applying the injunction throughout Florida does not help Hamburger Mary’s, and imposes burdens on the state.
The “Protection of Children Act,” (SB 1438) prevents venues from admitting children to adult live performances, which is defined as “any show, exhibition, or other presentation that is performed in front of a live audience, which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement or specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”
The law allows the DBPR to suspend or revoke the licenses of those venues that violate the law, like restaurants and bars, and prohibits local governments from issuing public permits for events.
The law does not specifically mention drag shows. However, the sponsor of the Florida House version of the law — State Rep. Randy Fine, R-Florida — said the bill’s purpose was to target events like drag queen story hour, calling them a “gateway to radical transgenderism.”
Regulators would be able to suspend or revoke licenses of restaurants, bars and other venues that violate the law. Also, it would prohibit local governments from issuing public permits for events that could expose children to the targeted behavior. In addition, people could face first-degree misdemeanor charges for “knowingly” admitting children to adult live performances.
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