Miami, FL – June 25, 2023 – A federal judge has blocked a new Florida law that aimed to prohibit children from attending drag shows, citing its vagueness and violation of free speech rights.
The law, signed by Governor Ron DeSantis, would have prevented venues from admitting children to adult live performances that depict “nudity, sexual conduct, or lewd behavior.” The operators of Orlando restaurant Hamburger Mary’s, which has hosted family-friendly drag shows for 15 years, challenged the law, arguing that it targeted drag performers and violated their First Amendment rights. U.S. District Judge Gregory Presnell rejected the state’s motion to dismiss the case and granted a preliminary injunction, preventing regulators from enforcing the law. The judge criticized the law for lacking clear definitions and stated that it was designed to suppress the speech of drag queen performers. He highlighted the subjective and broad nature of terms like “lewd conduct” and “lewd exposure of prosthetic or imitation genitals or breasts.” Judge Presnell also noted that the law clashed with existing statutes and the “Parents’ Bill of Rights,” which grants parents the authority to direct their children’s upbringing.