In
all three cases, the issues supported by DeSantis, a Republican
presidential candidate, lost on grounds that the laws appear to
infringe on people's constitutional rights.
In Friday's decision, U.S. District Judge Gregory Presnell of
the Middle District of Florida granted an injunction preventing
the state from enforcing a law that bans minors from attending
obscene live performances, calling it too broad.
The judge refused to dismiss the law entirely, meaning the
underlying lawsuit challenging it will go forward.
The governor's office said the judge was "dead wrong" and
predicted the state would win on appeal.
"Of course it's constitutional to prevent the sexualization of
children by limiting access to adult live performances,"
governor's spokesperson Jeremy Redfern said in an email.
Hamburger Mary's, an Orlando bar and restaurant that presents
drag show performances, comedy sketches and dancing, filed the
lawsuit in response to the law that DeSantis signed in May.
Hamburger Mary's argued the law was written so broadly as to
have a "chilling effect" on First Amendment rights to free
speech as guaranteed by the U.S. Constitution. The judge agreed,
finding the plaintiff was likely to succeed at trial on First
Amendment grounds.
"Florida already has statutes that provide such protection (from
obscene performances). Rather, this statute is specifically
designed to suppress the speech of drag queen performers,"
Presnell wrote.
While many drag performers are gay, the genre has grown
increasingly mainstream. Opponents of drag have associated it
with wider LGBTQ issues that conservatives consider contrary to
traditional values.
DeSantis has been at the forefront of a conservative campaign
restricting LGBTQ rights.
On Wednesday, another judge struck down a Florida rule and a
statute that banned state Medicaid payments for transgender
healthcare.
That same judge on June 6 partially blocked Florida from
enforcing its recent ban on people under 18 receiving
gender-affirming care such as puberty blockers and hormone
therapy.
In both of those cases, U.S. District Judge Robert Hinkle of the
Northern District of Florida cited 14th Amendment guarantees to
equal protection under the law.
(Reporting by Daniel Trotta; Editing by David Gregorio)
[© 2023 Thomson Reuters. All rights
reserved.] Copyright 2022 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
![](column_spacer.png)
|
|