US Judge Uses DeSantis’s Law Against Him
Image: A federal judge has used presidential hopeful Ron DeSantis's own laws against him. Image: Ron DeSantis/Facebook
A US federal judge has done an uno reverse on Ron DeSantis, by using his own law to place a preliminary injunction on a drag ban.
US District Judge Gregory Presnell had cited previous laws passed by the Republican governor of Florida as part of his reasoning for the injunction.
In May, DeSantis signed the Protection of Children Act into law. In it is five transphobic and homophobic bills that include a bill that restricts trans people in the state, along with an expansion of the Don鈥檛 Say Gay law.
The drag ban law sees it outlawed for businesses and individuals from 鈥渁dmitting a child to an adult live performance.鈥� However, due to the vague nature of the law others like cross-dressing cosplayers and Shakespearean actors could find themselves targeted by the law.
In response to the law, a family-friendly restaurant in Orlando called Hamburger Mary鈥檚 has sued the state鈥檚 administration, stating that the law 鈥渆xplicitly restrict or chill speech and expression protected by the First Amendment.鈥�
鈥淭his bill has nothing to do with children, and everything to do with the continued oppression of the 17c起草社区+ community,鈥� the restaurant stated.
Judge Presnell sided with Hamburger Mary鈥檚, agreeing that the state government has failed to firmly define the ban adequately. The judge also noted that the law hasn鈥檛 defined what counts as a 鈥渓ive performance,鈥� which currently could refer to 鈥渁 skit at a backyard family barbecue.鈥�
Clash With Another Law
The judge had also raised the fact that another one of DeSantis鈥檚 laws clashed with the drag bran 鈥� the Parents鈥� Bill of Rights.
This particular law, when it was signed in July 2021, outlines that 鈥渁ll rights are reserved to the parent of a minor child in this state,鈥� which include the 鈥渞ight to direct the upbringing and the moral or religious training of his or her minor child.鈥�
鈥淎 fully clothed drag queen with cleavage-displaying prosthetic breasts reading an age-appropriate story to children may be adjudged 鈥榳icked鈥� 鈥� and thus 鈥榣ewd鈥� 鈥� by some, but such a scenario would not constitute the kind of obscene conduct prohibited by [other statutes],鈥� the judge had written.
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