WEST PALM BEACH, Fla. (CBS12) — The U.S. Supreme Court rejected a request from the DeSantis administration to allow enforcement of a new state law aimed at preventing children from attending sexually explicit live performances.
The court battle is far from over – but for now, drag promoters who claim to have been victimized by the new rules are breathing a sigh of relief.
The bill signed into law earlier this year allowed the state to fine or revoke the liquor license of any venue which, knowingly, allows a child into an “adult live performance”.
A lower court deemed the law unconstitutional, the state appealed, and that higher court refused to allow the law to be enforced while it considers the case – and now the Supreme Court has also let the injunction stand for now.
This all started after a traveling Christmas-themed drag show that ran in Orlando and Miami last year made headlines for graphic and obscene content, performed with children in the audience.
Some, including the plaintiff in this case, Hamburger Mary’s, claim the law violates free speech. The state says it protects kids.
Last month, the 11th U.S. Circuit Court of Appeals allowed a lower court’s order stopping the law from being enforced to stand, while it considers the state’s appeal.
And the Supreme Court declined to overturn that decision.
It’s a long way from over, in a legal sense, but three court rulings halting enforcement – even temporarily – is a win for the law’s opponents.
“Tears of joy for me to see them being able to do what they love to do,” said Chris Rhoades, a drag show producer in Palm Beach County.
Rhoades said navigating this legal process has been tricky – making sure all his shows are age-appropriate for the audience.
“I work directly with these entertainers and a lot of them this is their livelihood and it really affected them, not only financially but emotionally,” said Rhoades.
Now, Chris adds most of these shows were perfectly safe for kids – nothing obscene or sexually graphic – just fun and campy.
“I just want people to keep their minds open and come to a show,” said Rhoades.
Governor DeSantis’ team says they are disappointed in this particular ruling and they expect this law to be upheld on its merits in the 11th Circuit Court of Appeals.