Florida’s Anti-Drag Law Hits a Roadblock at the Supreme Court
It’s not every day that the U.S. Supreme Court gets involved in the world of drag shows, but when they do, it’s bound to make some waves. In a recent turn of events, the highest court in the land has just said a big “no thank you” to Florida’s attempt to bring back its controversial anti-drag law. That’s right, folks, the justices have spoken, and it looks like it’s curtains for this piece of legislation—at least for now.
The Law That Sparked a Legal Showdown
Let’s set the stage: Republican Gov. Ron DeSantis, with a flourish of his pen, signed a law back in May that was about as welcome as a wardrobe malfunction during a high-kick routine. This law aimed to slap venues with fines of up to $10,000, not to mention the potential loss of business and liquor licenses, plus criminal penalties if they let minors attend “adult live performances.” And yes, that includes shows featuring prosthetic genitals and breasts. Talk about a party pooper!
While the law didn’t drop the name “drag performances” directly, the bill’s sponsor might as well have winked and nudged when they said it targeted these events. It’s like saying, “I’m not saying it’s aliens, but it’s aliens.”
Hamburger Mary’s Takes a Stand
Enter Hamburger Mary’s, an Orlando bar and grill known for its family-friendly drag shows and presumably delicious burgers. They weren’t about to let this law rain on their parade. In May, they threw down the legal gauntlet with a lawsuit against the state and DeSantis, claiming the law was a big no-no against free speech and was as clear as a fog machine on full blast.
By June, a federal judge was giving Hamburger Mary’s a standing ovation and blocked the law from strutting its stuff. Florida, not one to sashay away quietly, appealed to the U.S. Court of Appeals for the 11th District. The plot thickened as Florida Attorney General Ashley Moody tried to get the injunction to only apply to Hamburger Mary’s, but the 11th Circuit panel was having none of it.
The Supreme Court Steps Into the Spotlight
With the appeal still hanging in the air like the final note of a power ballad, Florida turned to the Supreme Court, hoping for a show-stopping finale. Moody argued that Florida’s hands were tied from protecting the kiddos and its right to do so because of the injunction.
But here’s the kicker: The Washington Post reported that Donald A. Donati, the restaurant’s attorney, told the Supreme Court to keep the law off the stage. He pointed out that Florida already has laws to shield children from the racy stuff. Plus, he reassured everyone that Hamburger Mary’s drag shows are as harmless to minors as a kitten in a yarn shop.
Restaurant owners were biting their nails over the possibility of being prosecuted due to the law’s broad and vague language. It’s like trying to pin the tail on the donkey, but the donkey is actually a unicorn, and you’re blindfolded.
The Supreme Court’s Decision: A Standing Ovation for Free Speech
On Thursday, the Supreme Court, in a 6-3 vote, refused to let the law take center stage, as reported by NPR. Justices Brett Kavanaugh and Amy Coney Barrett clarified that their decision wasn’t a personal review of the law’s First Amendment implications but rather that Florida didn’t bring up the issue properly.
On the other side of the stage, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch were ready to give the law a thumbs up. However, the majority ruled the day, and the law remains in the wings.
Attempts to get a comment from Moody’s and DeSantis’ offices were like trying to get a diva to sing without her spotlight—unsuccessful. For now, the law is like an understudy waiting in the wings as the appeal process continues to play out.
So, what have we learned from this legal drama? Well, for starters, the Supreme Court isn’t afraid to shut down a show if it doesn’t like the script. And when it comes to protecting free speech, it seems they’re not willing to compromise—even if it means stepping into the dazzling world of drag. As for Hamburger Mary’s, they’ll keep serving up burgers and fabulousness, with a side of legal victory.
Stay tuned, folks. This performance is far from over, and the next act promises to be just as riveting. In the meantime, let’s give a round of applause for the freedom of expression and the legal system that protects it. Curtain call!
