Supreme Court Declines to Enforce Florida Law Prohibiting Children from Attending Drag Shows
Washington — The Supreme Court Thursday declined to allow enforcement of a Florida law that prohibits children from attending drag shows, keeping in place a lower court ruling as a legal challenge continues.
The court's order rejects a request from Florida officials to narrow the scope of an injunction issued by a federal district judge in June to apply only to a restaurant in Orlando known as Hamburger Mary's, which challenged the constitutionality of the new law. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have granted Florida's bid to allow the law to take effect against other establishments in the state.
At issue in the case is the Protection of Children Act, which Florida Gov. Ron DeSantis signed into law in May. DeSantis is seeking the 2024 Republican presidential nomination and has billed himself as a champion of "parental rights," an issue that has grown in prominence among the GOP presidential field.
Florida Law Prohibits Admission of Children to Adult Live Performances
A recent law in Florida prohibits the admission of children to "adult live performances," which are defined as shows that depict or simulate nudity, sexual conduct, sexual excitement, or specific sexual activities. These shows are deemed to be patently offensive to prevailing standards in the adult community regarding what is suitable for the age of the child in attendance.
Establishments that fail to comply with the law may face fines and the possibility of losing their liquor licenses. Violators can also be charged with a misdemeanor.
Hamburger Mary's Challenges the Law in Court
Hamburger Mary's, a restaurant that previously hosted "family friendly" drag show performances, has filed a lawsuit against the state, arguing that the law violates the First Amendment. The restaurant has requested a federal district court to block the enforcement of the measure while its constitutionality is being considered.
A trial court has granted Hamburger Mary's request and halted the state from enforcing the law. The court determined that Hamburger Mary's is likely to succeed in its claims that the law does not comply with the First Amendment.
U.S. District Judge Gregory Presnell, who is overseeing the case, stated in a June order that the language of the law is likely too broad and could potentially restrict protected speech through its enforcement. Judge Presnell also noted that the prohibition on drag shows conflicts with Florida's "Parents' Bill of Rights," which grants parents the right to direct the upbringing and moral or religious training of their child.
A judge in [the state] has denied a motion to stop enforcement of a law that bans sexually explicit performances involving children, rejecting arguments that the law is unconstitutional.
The law, which went into effect in [the state], prohibits the exposure of children to sexually explicit live performances. It was challenged by Hamburger Mary's, a restaurant and entertainment venue that hosts drag shows.
The district court issued a preliminary injunction, blocking the enforcement of the law against Hamburger Mary's. However, the state appealed the decision, asking for the injunction to be lifted so that it can enforce the law against all entities except Hamburger Mary's.
A three-judge panel on the federal appeals court denied the state's request, prompting the state to seek emergency relief from the Supreme Court. The state argued that the district court's decision harms the state and its children by erasing a law meant to protect children from sexually explicit performances.
Hamburger Mary's, in its response to the Supreme Court, stated that the law has already had a negative impact on its business, leading to cancellations of its drag show performances due to age restrictions.
The restaurant issued a warning stating that many of the artists who perform at their establishment also work in other venues across the state. If the injunction only applied to Hamburger Mary's, these artists would be forced to censor their performances in order to avoid violating Florida's law when appearing elsewhere.
The lawyers for Hamburger Mary's argued that if the injunction was granted, their establishment would be the only business in the State of Florida where performers have the freedom of speech and expression guaranteed by the First Amendment. They further stated that a stay on the injunction would have a negative impact on creative competition and public conversation through performance art.
