Judge temporarily blocks law barring ‘adult live performances’ for minors

TALLAHASSEE, Fla. (FLV) – A federal judge has granted Hamburger Mary’s a preliminary injunction against Florida law barring adult live performances for minors.

The judge said minors are already protected by state law, while the new law simply seeks to “suppress the speech of drag performers.”

U.S. District Judge Gregory Presnell granted the motion in the the Orlando division of the U.S. district court, according to documents.

Presnell said the harm to the plaintiff “clearly outweighs any purported evils not covered by Florida law and a preliminary injunction would not be adverse to the public interest.”

In May, Gov. Ron DeSantis signed SB 1438 into law, which prohibits any person from knowingly admitting a child to an “adult live performance.”

However, Hamburger Mary’s claimed that the statute is not sufficiently narrowly tailored to achieve a compelling government interest and that it is unconstitutionally vague and overbroad.

The restaurant pointed to the ambiguity of terms like “lewd conduct” and “child,” and the broad subjectivity that must necessarily be employed to enforce such language.

Part of Florida’s new law defines an “adult live performance” as any show that depicts or simulates nudity, sexual conduct, sexual excitement, or lewd conduct.

It also prohibits the lewd exposure of prosthetic or imitation genitals or breasts when it:

1. Predominantly appeals to a prurient, shameful, or morbid interest;

2. Is patently offensive to prevailing standards in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present; and

3. Taken as a whole, is without serious literary, artistic, political, or scientific value for the age of the child present.

In May, Florida’s Voice reported the restaurant sued the state and claimed it is not “grooming,” and posted a video of a child putting cash down a drag dancer’s shirt.

The company posted a video May 23 that said, “I am posting this link to show what parents bring their children to see. Old video but a favorite. No nudity, no language, no grooming.”

In the video from 2012, the small child is seen putting money in the performers chest as a tip.

Hamburger Mary’s offers “‘family friendly’ drag performances on Sundays where children are invited to attend. There is no lewd activity, sexually explicit shows, disorderly conduct, public exposure, obscene exhibition, or anything in appropriate for a child to see,” the lawsuit said.

The lawsuit said prosthetic breasts are commonly used by men impersonating women as part of the “art.”