Federal Courts Block DeSantis' Fascist Policies

Speaking of would be autocrats, two different federal judges have blocked two anti-LGBT laws pushed through the Florida legislature by Ron DeSantis and his minions as part of DeSantis' effort to bring evangelicals and Christofascists to his political standard. While these laws targeting LGBT individuals are depicted as "protecting children" and supporting "parental rights," the true goal is to denigrate and marginalize LGBT Floridians while protecting the rights of a minority of parents over the rights of the majority. Pending any appeal, DeSantis' anti-drag show law and ban on medical treatment for transgender minors cannot be enforced.  The irony, of course, is that despite DeSantis' fascist and anti-LGBT policies, his standing in polls against Der Trumpenfuhrer in the GOP presidential nomination contest remains pathetic. Hopefully, the bans on these laws and other DeSantis policies will become permanent and ultimately backfire on DeSantis.  A piece in the Tallahassee Democrat looks at the federal court setback to the anti-LGBT forces in Florida when it comes to drag shows.  Here are article excerpts:

A federal court blocked Florida's new drag show law, ruling the state's effort to bar children from attending "adult live performances," is overly vague and likely unconstitutional. 

The decision Friday by U.S. District Judge Gregory Presnell in Orlando comes only two days after a North Florida federal court overturned another Gov. Ron DeSantis-backed law prohibiting gender-affirming care in Florida from being covered by Medicaid. 

The two decisions undermine a high-profile new law seen by many as targeting the LGBTQ community that DeSantis, a Republican presidential candidate, pushed through the state’s GOP-controlled Legislature.   It was one of at least 18 bills that directly or indirectly targeted transgender life, ranging from a ban on preferred pronouns in the classroom to a law governing which bathrooms they could use.

The drag show law was challenged by an Orlando restaurant, Hamburger Mary’s, which has hosted such performances for 15 years, including those it described as “family friendly.”  In court filings, attorneys for the restaurant argued that Florida already had laws on the books preventing minors from being exposed to “lewd, sexually explicit, obscene, vulgar or indecent displays.” 

[I]n blocking its enforcement, Presnell, an appointee of former President Bill Clinton, found the measure conflicted with a state law that guarantees the rights of parents to make decisions in the best interests of their children.  He also said it likely violated constitutional free speech guarantees and was too vague to enforce. 

The judge raised doubts about state claims that blocking the law would “harm the public by exposing children to "adult live performances." 

“This concern rings hollow, however, when accompanied by the knowledge that Florida state law presently and independently... permits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian,” Presnell ruled.

A similar law in Tennessee was overturned earlier this month by a federal judge citing similar free speech violations with that state's drag show prohibition.

Florida's law defines “adult live performances,” in part as “any 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... lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.” 

It bars local governments from issuing public permits for events that could expose children to the targeted activities. Also, state regulators could suspend or revoke licenses of restaurants, bars and other venues violating the law. 

The Florida law mirrored measures advanced in several other Republican-led states. It also came after the DeSantis administration had already imposed regulatory penalties on restaurants and bars mostly in South and Central Florida that had allowed children to attend drag shows. 

The Hyatt Regency Miami hotel was threatened with the loss of its liquor license for hosting a “Drag Queen Christmas,” in December. 

In challenging Florida’s law, the owners of the Orlando site said they were forced to cancel a Sunday series of family-friendly performances and that customers had already stopped coming to the restaurant.  In a Facebook post, the owners also said they thought the bill had nothing to do with children and “everything to do with the continued oppression of the LGBTQ+ community.” 

In his ruling, Presnell seemed to share at least some of this thinking. 

“This statute is specifically designed to suppress the speech of drag queen performers,” Presnell wrote in his 24-page decision. “In the words of the bill’s sponsor in the House, State Representative Randy Fine: (the legislation) will protect our children by ending the gateway propaganda to this evil – ‘Drag Queen Story Time.’” 

Supporters of the LGBTQ community, however, hailed the decision. “This is another legal win for the people of Florida and for the First Amendment," said Rep. Anna Eskamani, D-Orlando. "I am thrilled with this outcome and it’s especially meaningful for a decision to be released during Pride Month too."