Florida ‘adult live performance’ law suspended until 2024 trial date

By Owen Girard

Published Jul. 25, 2023, 12:51 p.m. ET | Updated Jul. 25, 2023

2023 Drag Show by League of Women Voters of California and League of Women Voters of San Francisco, May 20, 2023. (Photo/League of Women Voters of California LWVC)

ORLANDO, Fla. (FLV) – Florida’s recently signed SB 1438, a bill that prohibits children from attending “adult live performances,” has been temporarily blocked from going into effect until June 2024 when a trial date will review the constitutionality of the policy, according to the Associated Press.

A federal court filing in Tallahassee reportedly shows the trial will not take place until early June 2024. It is scheduled to last two days and will be decided by a judge instead of a jury.

U.S. District Judge Gregory Presnell stated that the legislation is likely unconstitutional as he granted an Orlando-based restaurant, Hamburger Mary’s, the right to continue hosting drag performances they label as family friendly.

Presnell expanded the hold on July 19 to be applied across the Florida until a trial could determine the legality of the policy.

“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.

When Hamburger Mary’s first filed the lawsuit, Rep. Randy Fine, R-Melbourne Beach, one of the original co-sponsors of the bill, responded on social media.

“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.

“And I think in Florida, what we’ve said, and we’ve taken some action administratively already against some of the offending establishments,” DeSantis said during the bill signing. “But the reality is we needed the legislature to come in and really, really clarify that if you are an establishment that’s having adult performances, you have an obligation to make sure that these young kids are not permitted in the premises.”

Sen. Shevrin Jones, D-Miami Gardens, said Florida is seeing the “total opposite” of less government.

“They have cloaked themselves in being the party of less government and parental rights, and what we’re seeing now is the total opposite,” Jones said. “Every other parent has the right to raise their child the way that they want to as long as your child is not gay, trans, bisexual.”