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Judge Overrules DeSantis on New Drag Show Law

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Governor Ron DeSantis (R-FL) has so far led conservatives to victory in the Culture War in Florida.  However, their efforts may be stalled by a federal court striking down a recent law that restricts drag shows.

Drag shows became the centerpiece of Gov. DeSantis' anti-woke crusade after explicit behavior that targeted children at these events was exposed,  The governor has revoked the liquor licenses of establishments in Florida that host drag shows and cater to kids, simply by having kids' menus present at these events.

The lawsuit was presented by Hamburger Mary's, an establishment in Orlando.  The company argued that DeSantis'  law against drag shows was written so broadly as to have a “chilling effect” on First Amendment rights to free speech as guaranteed by the U.S. Constitution. The judge agreed, finding the plaintiff was likely to succeed at trial on First Amendment grounds.

The DeSantis administration called the argument, and subsequently the court's decision on the matter, "dead wrong."  Jeremy Redfern, a spokesperson for DeSantis countered this logic stating, "Of course, it’s constitutional to prevent the sexualization of children by limiting access to adult live performances."

In last week's decision, U.S. District Judge Gregory Presnell of the Middle District of Florida granted an injunction preventing the state from enforcing a law that bans minors from attending "obscene live performances," calling it too broad.  Presnell added that the state of Florida already has statutes preventing children from being exposed to obscene performances and to target drag shows specifically in this law is a violation of the 14th Amendment.

Jim McCool

Jim is a graduate of Florida State University where he studied Political Science, Religion and Criminology. He has been a reporter for the Floridian since January of 2021 and will start law school in 2024.

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