Federal judge expands block on Florida law targeting sexually explicit shows statewide

TALLAHASSEE, Fla. (FLV) – A federal judge expanded his order blocking a Florida law targeting sexually explicit shows, stating that the injunction applies not only to the restaurant that initiated the lawsuit but also to other venues across the state.

The legislation, endorsed by Gov. Ron DeSantis, faced criticism for alleged potential infringement on First Amendment rights and was brought into question during Wednesday’s hearing.

U.S. District Judge Gregory Presnell reaffirmed his view that the law is likely unconstitutional and rejected a request from a state agency to put the preliminary injunction on hold.

The agency sought to delay enforcement until a trial could determine the law’s constitutionality while the Florida pursued an appeal against the injunction.

Attorneys representing Florida contended that the preliminary injunction should be limited to the Orlando restaurant that filed the lawsuit, arguing against its application to “nonparties” not directly involved in the complaint, according to the Associated Press.

However, Presnell maintained that the injunction’s continuation would cause minimal harm to the state, as free speech concerns affect all Floridians potentially impacted by the legislation.

In his order, Presnell emphasized the broader implications of the law when applying his reasoning for expanding the order’s applicability.

“Plaintiff is not the only party suffering injury as a result of the passage of the Act; it has a chilling effect on all members of society who fall within its reach,” Presnell said.

The lawsuit was initiated by the owner of a Hamburger Mary’s restaurant and bar in Orlando, a venue known for hosting drag shows.

The restaurant owner contended that the law was overly broad, vaguely written and infringed upon First Amendment rights by stifling freedom of speech.

One of the bill’s initial co-sponsors, Rep. Randy Fine, R-Melbourne Beach, called the restaurant’s suit “crazy.”

“Stunned that Orlando’s Hamburger Mary’s filed a lawsuit against @GovRonDeSantis saying they would go out of business if they can’t groom children at sex shows. 20% of their business from kids attending what they say is adult entertainment?!?!? Disgusting and good riddance,” Fine said.

The ongoing legal battle over the Florida law has raised significant concerns among LGBTQ groups and some civil liberty activists regarding its potential impact on artistic expression and free speech rights.