Florida argues new law doesn’t target drag shows
Arguing that the measure does not “target” drag shows, Gov. Ron DeSantis’ administration is urging a federal judge to toss out a constitutional challenge by Hamburger Mary’s in Orlando to a new law that bars children from attending “adult live performances.”
State lawyers filed arguments Friday as U.S. District Judge Gregory Presnell prepares to hold a hearing Tuesday on a motion by operators of the Orlando restaurant for a temporary restraining order and preliminary injunction against the law, which DeSantis signed last month.
Hamburger Mary’s, which has presented drag shows for 15 years, including what its motion described as “family friendly” performances, contends that the law violates First Amendment rights. In part, the motion said the law “prohibits protected speech based on the identity of the speaker” and is vague and overbroad.
“Since plaintiffs have been engaging in this type of speech for many years without incident, granting the TRO (temporary restraining order) will cause no harm other than potential dissatisfaction by some legislators and the governor who are under no obligation to attend the shows,” the motion, filed May 23, said. “Simply stated, there is no public interest in preventing children from seeing drag shows. There is no leap to be taken from a drag show performance to exposing children to lewd or improper displays.”