After Gov. Ron DeSantis last week signed a bill that will prevent strippers under age 21 from performing in adult-entertainment establishments across Florida, a federal appeals court is preparing to take up a constitutional challenge to a similar restriction passed in Jacksonville.
A panel of the 11th U.S. Circuit Court of Appeals is scheduled to hear arguments June 6 in Jacksonville about whether a city ordinance barring dancers under 21 in adult establishments violates First Amendment rights.
U.S. District Judge Timothy Corrigan last year upheld the age restriction, which the city contends is designed to prevent human trafficking. Backers of the bill that DeSantis signed last week also have said it is aimed at curbing trafficking.
But attorneys for club owners and dancers who challenged the Jacksonville ordinance wrote in an appeals-court brief last year that the “record shows that there had never been an arrest for human trafficking at an adult club in Jacksonville.”
“In a misguided effort to crack down on human trafficking, the city of Jacksonville has imposed a unique ban which targets only speech rights without establishing any real nexus to the hypothesized crime; it restricts only the speaker and not the offender,” the brief said. “The focus on exotic dancer performers — to the exclusion of all other young adults who may be vulnerable to trafficking — is particularly noteworthy given the undisputed fact that there has never been an arrest for human trafficking in an adult entertainment establishment in Jacksonville.”
Lawyers for the city, however, disputed that the ordinance violates First Amendment rights, saying it “does not eliminate speech and is not censorship of expression; it is aimed at reducing horrific crimes which the city has demonstrated that occur in adult establishments.”
“The city appropriately decided that erotic dancers who dance for money in private strip clubs should be at least 21 years old,” the city’s lawyers wrote in an August brief. “The city based this decision, not on a desire to suppress expression (dancing), but on a reasonable desire to protect younger, more vulnerable dancers from being sex trafficked.”
The Legislature in March passed the statewide age restriction in a bill (HB 7063) that addressed a series of human-trafficking issues. The bill, which will take effect July 1, cited rulings in the Jacksonville case and in lawsuits about age restrictions in Louisiana and Texas.
Under the Florida law, people under age 21 will not be able to work in adult-entertainment establishments. Employing or allowing people under 21 to perform nude in the establishments could lead to second-degree felony charges.
As he signed the bill last week during an appearance at a Coral Gables church, DeSantis said the bill will protect “very vulnerable individuals that are being exploited in our state.”
The Jacksonville case stems from an ordinance passed in 2022, after legal battles about earlier restrictions. Clubs that filed the challenge operate “bikini bars,” where scantily clad women dance and alcohol is served, and a “juice” bar, which has nude performers but not alcohol, according to the appeals-court brief filed in June 2023 by their attorneys.
The brief said as many as 100 performers were affected by the city’s age restriction.
–Jim Saunders, News Service of Florida
Pogo says
@DeSantis and Moody
…are on the right track, but it won’t protect the young women from Gaetz, Trump, and their ilk.
JimboXYZ says
I think it’s time to change the laws for age of voting to 21, serving in the military to 21 as well. As they’ve already done the 21 years of age for drinking and the age for this career path as 18. It just seems too obviously simple that anyone under age of 18 is a minor and that’s illegal for any of the minor vs adult things people can do. Teenage Runaway(s), human trafficking, whatever is the case, shut that down & stop empowering the insanity. he motive always come back to a monetization.
Joe D says
Personally I wouldn’t mind if they shut down the entire “adult entertainment” industry with topless/nude dancers and alcohol (or just “juice bar”) mixed in. It’s just another attempt to show men’s dominance over women…and opens up the opportunity for exploitation. But the dancers get paid (usually) VERY well, and the temptation of making $100’s of dollars each shift (2-4 x what they could make in a “regular” job) could push many undertrained women of ANY age to step into this SLEEZY industry.
However, we AGAIN have the dilemma: are “adults” between the age of 18-20 fully (legally) “adults?” They can’t legally drink (🙃)…in states where Marijuana is legal for medical or recreational use, they can’t legally use Cannabis in ANY form. Does the “adult entertainment” industry really NEED nude 18-20 year old dancers? APPARENTLY (from the number of dancers …ages 18-20, just in the general area of this lawsuit mentioned in this article)it DOES , since it affects “100’s” of dancers….kind of a SAD reflection on employment opportunities for young adult women in the area.
I’m not sure how the LEGALITIES of this restriction will play out in the COURTS, but the entire situation is also a SAD REFLECTION of the emotional maturity of many of the MALE patrons of a so called “GENTLEMEN’S CLUB.” If there wasn’t so much MONEY in it for the CLUBS, we wouldn’t be here having these conversations
Endless Dark Money says
taking the rights of women away one step at a time. the ignorant voted for fascist gop leadership, you got it.
Pogo says
@Jesus saves
Caution: Dirty deeds done dirt cheap
https://www.youtube.com/results?search_query=florida+mudding+girls
SMH'in says
…”DeSantis said the bill will protect “very vulnerable individuals that are being exploited in our state.””
So these young women (no mention of young men, of course) are so vulnerable as to be exploited, but we’re fine with 14-15 (or younger) women being forced to carry an unwanted pregnancy to term? Either 18y/o is an adult capable of making independent decisions and contributing to society or they are not. And what about 18-20y/o men who visit adult-entertainment establishments? Are they very vulnerable and being similarly exploited? Certainly they need protections also. Right? Right?
And if we are going to talk about curbing exploitation, there are plenty of other professions fully normalized which lend to far greater problems of concern than dancing/stripping. But sure, focus on the booby bars because that’s the problem.
All this ‘freedom’ from Rhonda and the legislature really makes me question their definition of the word.
Endless Dark Money says
I hear they are hiring to build toxic roads with no water breaks and low wages, thats way better than dancing for really good money haha. Girl can make more in a couple hours than minimum wage pays for a month of working full time. Maybe if we had living wages it wouldnt be such a draw but if she needs to support herself and or someone else there arent many options as 1/3 of the jobs aren’t meant to actually support someone remember…. Remember all those times republicons voted down minimum wage increases hows that working out for ya? They will be the first to tell in you the midst of an affordability crisis that companies are the real victim, and you just need to work harder. Got to keep profits going as they bankroll the campaigns.