Federal Judge Temporarily Blocks Florida Anti-Drag Law
The case was brought by the Orlando location of the restaurant Hamburger Mary’s, which had held drag performances on Sundays for years.
By: Blair Ingenthron Jun. 24, 2023
On Friday, U.S. District Court Judge Gregory Presnell issued an order that temporarily bars Florida state officials from implementing the law passed last month that will not allow drag performances in businesses open to minors.
The case was brought by the Orlando location of the restaurant Hamburger Mary’s, which had held drag performances on Sundays for years, citing the First Amendment and the economic impact that this law would have on their business.
Presnell agreed with the free speech concerns, stating that: “This statute is specifically designed to suppress the speech of drag queen performers." Additionally, Presnell believes that the order is “not sufficiently narrowly tailored to survive strict scrutiny," and Florida already has laws on the books to limit exposure to obscene materials.
The Florida law, which was passed last month, would ban children from attending a “live adult performance.” While the language is not clear on what performances might be affected, it specifically mentions a ban on “prosthetic or imitation genitals or breasts." While this language is aimed at drag and gender performance, Presnell states that the language in the law could also refer to performers who have had cosmetic surgery.
"It is this vague language — dangerously susceptible to standardless, overbroad enforcement which could sweep up substantial protected speech — which distinguishes [the law] and renders Plaintiff’s claim likely to succeed on the merits," stated Presnell.
Last month, a similar Tenessee law, called the Adult Entertainment Act, was blocked by a Trump-appointed judge Thomas Parker, who called the law "unconstitutionally vague and substantially overbroad."
The unspecific language in these types of laws also has the potential to prevent touring performances that incorporate drag from performing in states with them in place.
The next step for this legal battle is a federal trial.
BroadwayWorld stands with the LGBTQ+ community of Florida and will continue to follow this story.
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