Federal judge blocks Ron DeSantis’ new law banning children from attending drag shows after ruling it was ‘unconstitutionally vague and too broad’ – after anti-Woke governor threatened to fire CPS at the to call parents
- The law, endorsed and signed by Gov. Ron DeSantis, banned children from attending “adult performances.”
- U.S. District Judge Gregory Presnell granted Hamburger Mary’s motion for a restraining order
- The law can no longer be enforced until the restaurant, which has hosted “family-friendly” drag shows for 15 years, has settled its litigation
A federal court has blocked implementation of a controversial Florida law banning children from attending drag shows.
The law, endorsed and signed into law by Gov. Ron DeSantis, was challenged in court by Orlando restaurant Hamburger Mary’s, which has hosted “family-friendly” drag shows for 15 years.
The law can now no longer be enforced until Hamburger Mary settles the litigation in her case after a federal judge issued an injunction.
Hamburger Mary’s lawsuit alleged that the law prohibits “protected expression of opinion based on the identity of the speaker” and was vague and overbroad.
The state filed a motion to dismiss the case, but US District Judge Gregory Presnell denied the motion.
Hamburger Mary’s has been hosting “family-friendly” drag shows for 15 years and taking on the state
The injunction comes as a blow to Gov. Ron DeSantis, who campaigned for the law
Presnell agreed that the law was “unconstitutionally vague” and instead granted the restaurant’s request for an injunction to prevent regulators from enforcing the law.
“We are very excited about this first win,” said Melissa Stewart, a Memphis-based attorney representing the restaurant, in a statement.
“This law is unconstitutionally vague, overly broad, and clearly aimed at drag performers.”
“This injunction will protect the First Amendment rights not only of our clients, but of the LGBTQ community across Florida as we move forward with the next steps in this litigation,” she added.
The new law prevents venues from allowing children into shows, exhibits, or other presentations that are performed before a live audience and that depict or simulate, in whole or in part, nudity, sexual conduct, sexual arousal, or certain sexual activities. … indecent behavior or the indecent display of genital prostheses or imitations of genitals or breasts.”
Should venues be found to have broken the law, regulators could suspend or revoke their licenses.
Presnell, who was appointed to the bench by President Bill Clinton in 2000, said the so-called Child Protection Act was “specifically designed to stifle speech by drag queen performers” and that the state “already has laws in place that protect.” offer”. of obscene behavior.
The judge said the law was ill-defined and “prone to broad subjectivity.”
Melissa Stewart, a Memphis-based attorney representing the restaurant, said she was “extremely pleased” with the “first win.”
Transgender protesters in Florida have taken a stand against Ron DeSantis’ anti-drag law
“A fully clothed drag queen with prosthetic breasts flaunting her cleavage and reading an age-appropriate story to children may be considered ‘vicious’ — and thus ‘lewd’ — by some, but such a scenario would not be the kind of obscene constitute conduct prohibited by…” “The statutes” in previous case law, Presnell wrote in the 24-page judgment.
Presnell also drew attention to the problems that arise from focusing on “prosthetic or mock genitalia or breasts.”
He asked what implications this might have for cancer survivors with genital or breast prostheses.
Presnell said the law also conflicts with the Parents’ Bill of Rights and other laws.
“All parental rights are reserved in this State to the parent of a minor child,” he wrote, “including … the right to direct the upbringing and moral or religious upbringing of his minor child.”