A federal judge stated on Wednesday that his preliminary injunction blocking a Florida law protecting minors from being exposed to drag shows applies to all venues in the state.
“Plaintiff is not the only party suffering injury as a result of the passage of the Act; it has a chilling effect on all members of society who fall within its reach,” U.S. District Judge Gregor Presnell said.
Judge Presnell—appointed by former President Bill Clinton—issued the preliminary injunction challenging the constitutionality of Florida’s law in June.
After Judge Presnell blocked the law, the Florida Department of Business and Professional Regulation (DBPR) requested that the injunction apply only to Hamburger Mary’s, a restaurant in Orlando, Florida, where it holds what it describes as “family-friendly” drag shows.
According to the bill, children are not to be permitted at venues while they are holding an “adult live performance,” which is defined in state code as any “show, exhibition, or other presentation in front of a live audience” that showcases sexual conduct.
The law penalizes businesses that allow children into the audience of these performances by revoking or suspending their business licenses.
‘Family-Friendly’
According to the lawsuit (pdf), Hamburger Mary’s has been having drag shows since 2008.“Plaintiff offers ‘family friendly’ drag performances announced on Sundays where children are invited to attend,“ the lawsuit states. ”There is no lewd activity, sexually explicit shows, disorderly conduct, public exposure, obscene exhibition, or anything inappropriate for a child to see.”
The plaintiff defended drag as “not a new art form,” dating back to William Shakespeare’s plays in which men dressed as women and ancient Greek theatrical productions.
Paonessa argued that the bill is too vague and it’s costing him customers.
“There’s nothing going on with drag queens that affect any family, children, there’s no nudity at these shows,” Paonessa said. “There’s no grooming. It’s a false narrative that that’s being placed on drag shows.”
“Twenty [percent] of their business from kids attending what they saw is adult entertainment?!?!? Disgusting and good riddance,” Fine wrote.
The owner at the time accused Holt of targeting the restaurant because of its LGBTQ affiliation, which Holt denied, according to the report.
Holt told the local news outlet that among the high-risk categories for contracting the disease are drug use and “men having sex with men.”
‘A Drag Queen Christmas’
In December 2022, the DBPR revoked Hyatt Regency Miami’s license for the sale and consumption of alcoholic beverages after it ignored the DBPR’s restriction on allowing children at its show titled “A Drag Queen Christmas,” which had been advertised as family-friendly.The department contacted the hotel the day of the event, warning that it could jeopardize its alcohol license if it allowed minors.
“To avoid action being taken against your license, it is your obligation to ensure that minors are prohibited from attending the Drag Fans drag show,” the warning read. “If minors are allowed to attend this drag show, the department will take any and all actions available to ensure that you do not pose a threat to minors in the future.”
The show reportedly showcased men in “sexually suggestive clothing” acting out lewd acts while singing songs with graphic, adult-themed lyrics.
“Having kids involved in this is wrong,” Florida Gov. Ron DeSantis said at a press conference in July 2022. “That is not consistent with our law and policy in the state of Florida. And it is a disturbing trend in our society to try to sexualize these young people.”
