A Clinton-appointed federal judge on Friday temporarily blocked Florida Governor Ron DeSantis’ drag show law aimed at protecting children.
“The state claims that this statute seeks to protect children generally from obscene live performances. Rather, this statute is specifically designed to suppress the speech of drag queen performers,” US District Judge Gregory Presnell wrote.
“Existing obscenity laws provide Defendant with the necessary authority to protect children from any constitutionally unprotected obscene exhibitions or shows.” the judge wrote in response to a request from a lawsuit by the restaurant chain Hamburger Mary’s.
Florida’s Republican majority legislature recently passed a measure banning minors from attending drag shows.
The measure was in response to reports that children attended lewd drag performances in Orlando and Miami.
Governor DeSantis signed the measure into law in May.
Politico reported:
A federal judge in central Florida on Friday temporarily blocked the state from enforcing a new law banning minors from attending drag shows.
The judge, Gregory Presnell, was acting on a request by the restaurant chain Hamburger Mary’s, which sued Florida last month claiming that the law was overly broad and put a chilling effect on the right to free speech under the First Amendment.
Presnell, an appointee of former President Bill Clinton, determined that while some people may find a drag performer reading a children’s book to a minor during a performance to be inappropriate, it doesn’t necessarily constitute an obscene performance. He also stated that current obscenity laws already “provide Defendant with the necessary authority to protect children from any constitutionally unprotected obscene exhibitions or shows.”
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