Supreme Court denies request to reinstate Florida drag show law
November 16, 2023
The U.S. Supreme Court on Thursday denied a request by Florida to partially halt a judge’s order blocking the state from enforcing a new law banning minors from attending drag shows.
A majority of the court concurred in the decision to not grant the stay Florida asked for in October. Justice Brett Kavanaugh, in an opinion joined by Justice Amy Coney Barrett, indicated that the court was unlikely to grant full review in the case.
What happened: The restaurant chain Hamburger Mary’s, which hosts drag and comedy shows, sued the Sunshine State over the summer, claiming a new law, Florida’s Protection of Children Act, was overly broad and chilled the right to free speech under the First Amendment.
The law, signed by Gov. Ron DeSantis in May, prohibits anyone from knowingly allowing a minor into an “adult performance.” DeSantis has claimed drag shows sexualize children.
In June central Florida Judge Gregory Presnell, a federal appointee of former President Bill Clinton, issued a preliminary injunction at the request of the restaurant chain and stopped the state from enforcing the law.
Presnell in his ruling determined that while some people may find drag performances inappropriate, they aren’t necessarily obscene.
Background: The state filed a request to stay Presnell’s ruling to the 11th Circuit Court of Appeals, but a divided panel denied it.
Melanie Griffin, secretary of the Florida Department of Business and Professional Regulation, in October then asked the high court for a partial stay, pending an appeal.
Jeremy Redfern, a spokesperson for the DeSantis administration, said the governor’s office is disappointed with the decision but expects the 11th Circuit to uphold the law on its merits.
Josh Gerstein contributed to this report.
Source: https://www.politico.com/
