Florida’s Attorney General, Ashley Moody, petitioned the US Supreme Court on Tuesday to reinstate a controversial law aimed at curbing drag shows, pending ongoing legal challenges.
The law, known as the “Protection of Children Act,” was enacted in 2023 with the intention of shielding children from exposure to sexually explicit live performances.
It criminalizes knowingly admitting a child to an adult live performance deemed obscene for their age.
A district court judge halted the law, citing potential violations of free speech and due process rights, as well as constitutional vagueness.
Despite Florida’s appeal, the 11th US Circuit Court of Appeals denied an emergency stay, prompting the state to seek relief from the Supreme Court.
Originally contested by the Orlando restaurant Hamburger Mary’s, known for hosting drag brunches, the law allegedly resulted in business losses.
Florida now seeks to limit the injunction to apply solely to the restaurant, arguing that it cannot enforce the statute statewide, to the detriment of child protection efforts.
Moody asserts that Hamburger Mary’s performances do not qualify as sexually explicit under the law’s purview.
The law was a priority for Governor Ron DeSantis, a contender for the 2024 Republican presidential nomination, who lauded Florida’s commitment to safeguarding children upon signing the legislation in May.
The Supreme Court is anticipated to solicit a response from Hamburger Mary’s before issuing a ruling.
