A Florida law targeting drag shows and their accessibility to children has been temporarily blocked by a federal judge after a lawsuit from popular restaurant, Hamburger Mary’s.
Issue at hand: The Florida law, known as Senate Bill 1438, aimed to prohibit children from attending certain drag shows, classifying them as “adult live performances”.
* The owners of Hamburger Mary’s, an Orlando restaurant that hosts these shows, pursued legal action alleging that their First Amendment rights were violated when Governor Ron DeSantis signed the bill into law.
* The law stipulates that adult live performances include shows or presentations that depict or simulate certain sexual activities, and noncompliance could lead to prosecution, fines, and business license revocation.
Legal response: U.S. District Judge Gregory Presnell ordered a preliminary injunction, temporarily stopping the enforcement of this law.
* Judge Presnell classified the statute as a means to suppress the speech of drag queen performers.
* The ruling gives a temporary pause to the “Protection of Children” law.
Opposing views: The Florida governor’s office and the restaurant owners have expressed differing views on this injunction.
* Jeremy Redfern, DeSantis’ press secretary, criticized the judge’s decision and stated that they will aim to win an appeal, claiming it’s constitutional to limit children’s access to adult live performances.
* Conversely, the owners of Hamburger Mary’s expressed happiness about Judge Presnell’s decision, asserting the law as an infringement on First Amendment Rights, and encouraged people to read and understand the court’s injunction.
Taking a step back: The decision is part of a wider discourse on anti-LGBTQ+ legislation in the state.
* Last month, Governor DeSantis endorsed a law banning gender-affirming care for minors, certain discussions on preferred pronouns in schools, and use of bathrooms that don’t coincide with one’s assigned sex at birth.
* In 2022, over 300 anti-LGBTQ+ bills were filed during state legislative sessions, and 29 of those were singed into law.
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