In his ruling, Presnell sided with Hamburger Mary’s, a restaurant that hosts drag performancesthe DeSantis administration, claiming that the restrictions implemented by the act were too broad and not only violated their first amendment rights but unfairly harmed their business.
In a move the DeSantis administration likely did not see coming, Presnell cited previous laws passed by the Florida governor in his reasoning for placing an injunction on the law. Presnell wrote that the Florida government had failed to sufficiently narrow the breadth of the ban to prevent its unjust application and its “inevitable clash with the Florida ‘Parents’ Bill of Rights’ and other laws.”
The “Parental Bill of Rights” was signed into law by DeSantis in July of 2021. The law, as quoted by Presnell states that “all parental rights are reserved to the parent of a minor child in this state…including…[t]he right to direct the upbringing and the moral or religious training of his or her minor child.”
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