Florida federal judge blocks DeSantis' law banning children from attending "live shows for adults"

A federal judge temporarily blocked the Child Protection Act, which prohibited their attendance at “live shows for adults,” referring to shows that, in whole or in part, “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities.” The bill had been passed by both houses of the local legislature and signed into law by Gov. Ron DeSantis at the end of May.

“There’s these, like, drag shows. It’s sexually explicit what they’re doing. And look, adult entertainers — people can do what they want with some of that. But to have minors there, I mean, you have situations where you’ll have an 8-year-old girl there, where you have these really explicit shows, and that is just inappropriate,” the now presidential candidate indicated when he put his signature on the bill.

Clay Yarborough and Randy Fine, legislative sponsors in the Senate and House, respectively, defended the imperative need to protect children from exposure to “obscenity.”

The blockade of the law followed a lawsuit filed by Hamburger Mary’s against the state of Florida. The restaurant chain regularly hosts drag shows and welcomed Judge Gregory A. Presnell’s decision. “We are pleased that the judge sees this law for what it is, an infringement of First Amendment rights. I encourage people to read the injunction, every page, and understand the case, and put politics and fear-mongering aside,” they wrote on social media.

Melissa J. Stewart, one of the lawyers representing the restaurant chain, described the ruling as “an incredible first victory” in the case of drag shows. “This preliminary injunction will protect the rights of not just drag performers in Florida but everyone else who would be affected by this law,” she added.

The magistrate’s block indicates that a drag artist reading a children’s book in front of minors is not necessarily an obscene performance, although some may consider it inappropriate.

The restaurant announced that it will host a “Family Broadway Brunch” on Sunday, which can only be attended by children under 18 if accompanied by their parents.