Florida is seeking to reinstate a law that fines or revokes licenses of venues that knowingly admit children to adult live performances.
The law defines adult live performances as shows or exhibitions that depict or simulate nudity, sexual conduct, or lewd behavior. However, the law was blocked by a federal judge in June after a lawsuit was filed by Hamburger Mary's, an Orlando restaurant known for its drag brunches. The restaurant argues that the law is hurting their business.
Now, the state is requesting that the injunction only apply to Hamburger Mary's while the case continues. Florida Department of Business and Professional Regulation Secretary Melanie Griffin has sent an emergency application to Justice Clarence Thomas, asking for the law to be reinstated during the lawsuit.
Florida Attorney General Ashley Moody argues that the state is unable to enforce the law, which is detrimental to the protection of children and the state's sovereign prerogative. The state's court filings state that Hamburger Mary's has not proven that the law's application to others in the state will cause actual or imminent injury to the restaurant itself.
Justice Thomas has the authority to act on the request alone or refer it to the full court for consideration. The outcome of this request will determine whether the law can be enforced while the lawsuit is ongoing.
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