has granted a preliminary injunction that bars the state from implementing a new law that seeks to severely restrict drag performances, a move that has alarmed the entertainment industry.
“This statute is specifically designed to suppress the speech of drag queen performers,” Presnell wrote in his 24-page order. Given that factor, the legislation is “not sufficiently narrowly tailored to survive strict scrutiny.” Presnell notes in his opinion that Florida already has laws on the books that help restrict children from being exposed to lewd or obscene material, even with parental consent.
“A fully clothed drag queen with cleavage-displaying prosthetic breasts reading an age-appropriate story to children may be adjudged ‘wicked’ — and thus ‘lewd’ —by some, but such a scenario would not constitute the kind of obscene conduct prohibited by the statutes in [existing Florida laws],” Presnell wrote.
Defendant professes that a statewide preliminary injunction would “harm the public by exposing children to ‘adult live performances,’ ” Presnell wrote. “This concern rings hollow, however, when accompanied by the knowledge that Florida state law, presently and independently of the instant statutory scheme, permits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian.
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