Florida has been given clearance to enforce its law preventing children from going to drag shows thanks to the 11th U.S. Circuit Court of Appeals striking down a lower court order preventing enforcement.
Florida Attorney General James Uthmeier made the announcement this week, celebrating victory after a long two-year battle.
“For two years, our law preventing children from attending sexually explicit drag shows was held up in court. Starting today, the law is in effect thanks to a win on appeal by our office,” he announced this week.
“If you’re exposing children to lewd conduct, you’re on notice. We’re watching, Pensacola,” he warned.
The Protection of Children Act takes on venues exposing children to drag shows or what is described as an “adult live performance.” The text reads in part:
“Adult live performance” means any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities as those terms are defined in s. 847.001, lewd conduct, or 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.
Indeed, this has been a long time coming, as the battle to protect children has dragged out for two years in the Sunshine State. In 2022, an explicit Christmas-themed drag show prompted an investigation from Florida’s Department of Business and Professional Regulation (DBPR), which found that it did, in fact, allow minors to attend the event, as the event was open to “all ages” unless otherwise specified. It only provided the following warning when purchasing a ticket:
This performance has adult themes and content. Admission is limited to patrons 18 years of age or over, unless accompanied by a parent.
In other words, children could attend if their parent did alongside them.
The show included several sexually explicit displays, including “tits in a box,” simulated sex acts, explicit story time, and the sketch, “Screwdolph the Red Nippled Reindeer”:
That same year, Gov. Ron DeSantis spoke out against these types of performances at other venues, zeroing in on a Miami bar that offered drag shows to children.
“They actually had the bar, had a children’s menu on their food services and you think to yourself, you know, give me a break. What’s going on?” he said at the time. “So they looked under Florida law and were able to initiate this procedure that would basically take away the liquor license for that.”
“We want to make sure — we want to make sure that we have a state and we have communities where kids can be kids,” he added.
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