From yesterday's decision by Judge Gregory Presnell (M.D. Fla.) in HM Florida-ORL, LLC v. Griffin:
This case addresses the constitutionality of Florida Statute § 827.11. The state claims that this statute seeks to protect children generally from obscene live performances. However, … Florida already has statutes that provide such protection. Rather, this statute is specifically designed to suppress the speech of drag queen performers. In the words of the bill's sponsor in the House, State Representative Randy Fine: "…HB 1423…will protect our children by ending the gateway propaganda to this evil — 'Drag Queen Story Time.'" …
The statute defines [a prohibited] "adult live performance" as:
[A]ny show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities as those terms are defined in s. 827.001, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts when it:
[1.] Predominantly appeals to a prurient, shameful, or morbid interest;
[2.] Is patently offensive to prevailing standards in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present; and
[3.] Taken as a whole, is without serious literary, artistic, political, or scientific value for the age of the child present….
Plaintiff HM Florida-ORL, LLC … is a Florida for-profit business operating Hamburger Mary's Restaurant and Bar in Orlando. Plaintiff frequently presents drag show performances, comedy sketches, and dancing, including "family friendly" drag performances on Sundays where children are invited to attend….
