DESANTIS TARGETS ORLANDO VENUE’S DRAG SHOW LAWYER SAYS FIRST AMENDMENT UNDER ASSAULT

Jason Parsley

Gov. Ron DeSantis made good on his promise to crack down on drag shows Friday after the state filed a complaint against the Orlando Philharmonic Foundation.

The venue hosted “A Drag Queen Christmas” in December and the state accused it of “exposing minor children to lewd sexual acts.” One lawyer is pushing back describing this as an assault on the First Amendment’s protection of freedom of speech and expression.

“The danger presented here is not confined to only the venue targeted in the complaint. When the government violates the First Amendment rights of a segment of its population the result is a ‘chilling effect’ on others engaged in similar expression,” said Russell Cormican, a local attorney who specializes in First Amendment law. “It is likely that other venues will shy away from presenting drag shows and that performers may elect to change their routines or abandon drag altogether. The fear of enforcement will cause people to curtail their constitutionally protected expression. For that reason, it is important to strongly oppose these attempts at censorship immediately.”

The venue could lose its state-issued liquor license.

The state is also investigating the Broward Center for the Performing for hosting the same traveling drag show on Dec. 26.

“Will we see investigations into parents who take their children to see R-rated movies? Of course not. Because for the governor, this is about dredging up Anita Bryant-era, antiLGBTQ hysteria for a primary audience in Iowa,” Equality Florida’s Brandon Wolf told SFGN in December. “DeSantis’ selective outrage and weaponizing of state agencies isn’t about protecting children. He is, as usual, placing our community in harm’s way to outflank Donald Trump to the right and pander to the right-wing extremists bankrolling his political ambitions.”

The complaint against the Orlando venue includes photos of children entering the establishment. The complaint also noted there was a sign at the entrance that advised attendees of potentially unsuitable content for those under the age of 18.

The James L. Knight Center in Miami also hosted the same show, but so far the Department of Business and Professional Regulation has not taken any action against either South Florida venue, according to the Sun Sentinel. It’s unclear what are the technical differences between the drag show that took place in Orlando and the ones that took place in South Florida.

“The actions taken by DeSantis and the DBPR are not only an affront to LGBTQ rights, but also show a complete lack of respect for the rights and freedoms protected by the First Amendment,” Cormican said. “Drag performance enjoys a long theatrical history and is an important part of gay culture. It is also a form of expression that receives protection from government interference under the First Amendment.”

According to the Sun Sentinel, the Orlando Philharmonic Plaza Foundation’s board of directors released a statement saying they respect, “the rights of parents to decide what content is or is not appropriate for their own children.”

For now, according to the Sun Sentinel, the Orlando venue will continue to be able to sell alcohol, “until final action is taken by the agency in accordance with Florida’s Administrative Procedure Act.”

Going after a venue’s liquor license harkens back to a time even before the Stonewall Riots when the New York State Liquor Authority would target establishments that served alcohol to known or suspected LGBT individuals. Bars that served LGBT folks ran the risk of having their liquor license revoked.

“DeSantis has targeted the liquor licenses of venues that present drag shows by alleging that they are ‘sexually explicit’ and being presented to children,” Cormican said. “The reality is that these performances are no more explicit than a PG movie, a WWE wrestling show, or a beauty pageant swimsuit competition. The fact that DeSantis has singled out drag shows for this type of enforcement speaks volumes about his true motive.”

February 9, 2023 • Volume 14 • Issue 6 2520 N. Dixie Highway • Wilton Manors, FL 33305 Phone: 954-530-4970 Fax: 954-530-7943

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