A federal judge said Wednesday that his blocking order a Florida law targeting drag shows It applies not only to the restaurant that filed the lawsuit challenging it, but to other places in the state, reiterating that the legislation championed by Gov. Ron DeSantis is likely unconstitutional.
A state agency that would enforce the law had asked US District Judge Gregory Presnell will stay his preliminary injunction halt enforcement of the law pending a trial to determine its constitutionality while the state of Florida appeals the injunction.
Florida lawyers told the judge that the preliminary injunction should only apply to the Orlando restaurant that sued to have the law declared unconstitutional and not to «non-parties» in the lawsuit.
The judge rejected that argument, saying that any harm to the state of Florida is minimal if the preliminary injunction is upheld, and that all Floridians are potentially parties, as free speech is at stake.
“The plaintiff is not the only party that suffers damages as a result of the passage of the Law; it has a chilling effect on all members of society who fall within its reach,” Presnell wrote in his order.
He complaint was introduced by the owner of a Hamburger Mary’s restaurant and bar in Orlando, who regularly puts on drag shows, including family shows on Sundays to which children were invited. The restaurant owner said the law was too broad, vaguely written and violated First Amendment rights by being cold worded.
The new law punished venues for allowing children to attend «live performances for adults.» Although he did not specifically mention drag performances, the legislation’s sponsor said it was directed at those performances. Venues that violated the law faced fines and the possibility of having their liquor licenses suspended or revoked. People could be charged with a misdemeanor.
Before announcing his candidacy for the 2024 Republican presidential nomination, DeSantis made anti-LGBTQ legislation much of his schedule as governor. Other bills he signed would ban gender-affirming care for minors and restrict discussion of personal pronouns in schools.