It’s OK to take in a drag show in Florida — a federal appeals court has upheld a block on enforcement of Florida’s anti-drag law against any entertainment venue in the state.
U.S. District Judge Gregory Presnell in Orlando ruled in June that SB 1438, the “Protection of Children Act,” enacted earlier this year, was so vague and overbroad that it risked punishing constitutionally protected free speech, rendering it unconstitutional on its face.
That conclusion justified barring its enforcement not only against the plaintiff in the case — HM Florida-Orl LLC, operator of Hamburger Mary’s restaurant in Orlando — but also to every other venue offering drag performances, the U.S. Court of Appeals for the Eleventh Circuit concluded in an opinion handed down Wednesday.
“The Supreme Court has provided this expansive remedy out of concern that the threat of enforcement of an overbroad law may deter or ‘chill’ constitutionally protected speech — specially when the overbroad statute imposes criminal sanctions,” a three-judge appellate panel said in an unsigned opinion.
“Overbreadth adjudication, by suspending all enforcement of an overinclusive law, reduces the social costs caused by the withholding of protected speech,” the court added.
Judge Andrew Brasher dissented, saying he would limit the injunction to the lone plaintiff.
The law threatens fines, loss of operating licenses, and criminal penalties against venues that expose any “child” to “lewd” performances.
That’s even if their parents approved or the venue doesn’t know the attendee’s age or that any children are present, Judge Presnell wrote in June. It mentions exposure to prosthetic genitals and breasts. The state argued it was trying to protect children.
But the statute doesn’t fully define most of what it seeks to prohibit and other laws shield kids against obscenity, he concluded.
Hamburger Mary’s is a restaurant and bar that hosts drag shows including “family friendly” performances to which children are invited.
–Michael Moline, Florida Phoenix
Dennis C Rathsam says
Whats this world coming too? Where the hell are the morals, this country held so dear? Then bringing a child to watch this perverted display of abnormality, what can be going in their brain? Watching this vulger interpatation of these mentaly handicaped people.This is a sad day for America, a sad day for society. How can we let our country submit to this so called entertainment? I dont give a rats ass if you over 18 and this is your thing…. Leave your f—in kids home! Just because your an asshole, your kids dont have to be!
Pierre Tristam says
Richard, I could more accurately apply what you say here, word for word, to the Catholic church services my parents, then my tyrannical boarding school, inflicted on me as I grew up. At least drag shows don’t lie, or terrorize, or cannibalize, or vilify women, etc.
The dude says
Geez… you coulda just said “I’m a brainwashed old fool mesmerized by a constant barrage of rightwing media.” and saved yourself a lot of typing there.
Please don’t tell me where I can and can’t take my children. My children and I (at least 2 of the 5) had a blast at the Pride parade in downtown ATL over the weekend. I would rather my children be around joyous, honest folks (like the folks we spent time with there) than any MAGA/Nazi/Klan rally… all day, every day.
Skibum says
So, according to you, no parents should let their kids enjoy watching The Nutty Professor, Mrs. Doubtfire, any of the Madea films, The Silence of the Lambs, Psycho, Tootsie, or any of the many other very popular films that happen to have characters dressed in drag? Drag entertainment has been around since the ancient Greece times, when women were prohibited from public performances so men had to dress in drag and perform the women’s roles. Would it surprise you to learn that even Ronald Reagan was in a Hollywood film that had drag in it? It is people like you who conflate certain forms of benign entertainment with perversion, just like how idiots wrongly conflate being gay with pedophilia, which is utter nonsense. You probably do not even want to educate yourself so you could avoid making ridiculous and misguided comments such as what you wrote here, but just in case you do want to learn about the history of drag entertainment, I would recommend reading this, which also includes the bit about the film Ronald Reagan was in that included a drag performer – that way you will be more knowledgeable when talking trash about something you currently have no clue what you are talking about:
https://www.thepinknews.com/2023/04/08/drag-history-theatre-art-movies-tv-pop-culture-ban-lgbtq/
Laurel says
Dude: You gotta get over the “old” thing. When I was a kid, Liberace was a favorite entertainer of the old set. Yeah, everyone pretended it was just romantic flair, but everyone also knew better.
Laurel says
Dennis is hopeless.
Been There says
You must have hated Milton Berle back in the day. Did you have an issue when Jack Lemon and Tony Curtis dressed as women in “Some like it Hot”? What about Flip Wilson’s portryal of Geraldine, Tom Hanks and Peter Sclolari in “Bosom Buddies”, Dustin Hoffman in “Tootsie”, John Travolta in “Hairspray”, Marlon and Shawn Wayans in “White Chicks”, Hank Azaria in “The Birdcage” (brilliant movie BTW) What about women who dress as men for entertainment purposes? Julie Andrews won a Golden Globe for Best Actress cross dressing in “Victor/Victoria”.
What’s in your closet that what someone else chooses to wear for entertainment purposes is so triggering?
Pointing finger people are usually the ones with the most to hide.
ban the GOP says
Racist ron didnt get his way, now watch the sabatoge and the foot stomping and waging war on woke. Statistically more children are abused by religious leaders then anyone else. They wont mention that though. To me freedom means being able to choose the one life you want to live. Some racist politician shouldnt get to say you shouldnt exist or cant live that way. If anything we should ban racist politicans not drag.
Laurel says
Been there: You wrote many good examples of entertainment. Unfortunately, some folks don’t get it, and are upset with those who do it for a living. It’s still entertainment. That’s the point! These guys are competing for the best costume, the best makeup and the best song and dance for entertainment’s sake. That’s all. It’s for fun, and all the shows you mentioned were very much enjoyed by the general audience.
Now, if someone can please tell me that the Rolling Stones, early on in their American tour, performed on TV in drag. I swear I saw it, in black and white, yet I cannot get a confirmation. Anyone?