Florida’s Attorney General Ashley Moody has requested the US Supreme Court to allow a law, described by critics as a crackdown on drag shows, to go back into effect while legal challenges are ongoing. The law, known as the “Protection of Children Act,” was blocked by a federal district court judge who found it likely violated free speech and due process protections and deemed it unconstitutionally vague.
The 2023 law makes it a misdemeanor to knowingly admit a child to a sexually explicit adult live performance that would be obscene for “the age of the child present.” Florida’s district court judge issued an injunction against the law, a decision upheld by the 11th US Circuit Court of Appeals, prompting the state’s appeal to the Supreme Court.
The law faced a legal challenge from Hamburger Mary’s, a popular Orlando restaurant known for hosting drag brunches. The restaurant claimed the legislation led to a loss of business. Attorney General Moody argued that the law is intended to protect children from exposure to sexually explicit performances and should be allowed to take effect, at least in parts of the state not directly impacted by the lawsuit.
“Florida is now unable to enforce its statute at all, to the detriment of Florida’s children and the State’s sovereign prerogative to protect them from harm,” Moody stated. She also contended that Hamburger Mary’s is not directly affected by the law since its shows are not sexually explicit.
Florida Governor Ron DeSantis, who signed the law in May, prioritized the legislation as part of his campaign for the 2024 Republican presidential nomination. He stated, “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy,” emphasizing the state’s commitment to protecting children.
The Supreme Court justices are expected to request a response from Hamburger Mary’s before issuing an order on the state’s appeal. The outcome will determine whether the law can be enforced while the legal battle continues.
Summary
Florida’s Attorney General has asked the Supreme Court to allow the state’s “Protection of Children Act,” which restricts children from attending sexually explicit live performances, to take effect while legal challenges proceed. The law was blocked by a federal judge for likely violating free speech and due process protections. The appeal follows a challenge from Orlando’s Hamburger Mary’s, a restaurant that hosts drag brunches. Governor Ron DeSantis supports the law as part of his presidential campaign platform, emphasizing child protection. The Supreme Court will decide whether to allow the law’s enforcement during the appeal process.