Florida Senate passes drag show bill: What we know about the law
In a vote along party lines, the Republican-controlled Florida Senate Tuesday approved SB 1438, which aims to prohibit children from attending "adult live performances."
The bill, introduced by Sen. Clay Yarborough last month, does not specify events like drag shows or Pride parades; instead, it focuses on defining content related to sexuality that might be included in such events.
Critics have pointed to the "ambiguity" and "vagueness" in the bill's text, which does not specify what practices or actions would be objectively prohibited and how the law would be enforced in such instances.
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While early versions of the bill would only prohibit the presence of children in private venues, Yarborough proposed an amendment last week that would expand the proposed restrictions to public spaces, as well, which could possibly affect Pride parade events.
How does the bill define 'adult live performances'?
SB 1438 defines the term 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 when it:
Predominantly appeals to a prurient, shameful or morbid interest.
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.
Taken as a whole, is without serious literary, artistic, political or scientific value for the age of the child present."
Critics question bill's unclear language
Critics of the bill say it's difficult to understand what is specifically prohibited and how it would be enforced.
Brandon Wolf, a spokesperson for Equality Florida, compared the bill to the Parental Rights in Education law (dubbed the "Don't Say Gay" law by critics), which he said has led to inconsistent application across the state, he told the Tallahassee Democrat.
Yarborough faced questions from Democrats in a Senate debate last week, where they asked about specific events (including drag shows, "The Rocky Horror Picture Show," and the musicals "Chicago" and "Hair") children and teens would potentially be prohibited from attending. But the Republican senator kept referring to the bill's definition of "adult live performance."
What would happen to adults who violate the measure?
The proposed bill prohibits a person from “knowingly admitting a child to an adult live performance,” and makes such violations first-degree misdemeanors.
The term “knowingly,” is defined in the bill as “having general knowledge of, reason to know, or a belief or ground for belief … of both the character and content of any adult live performance and the age of the child.”
The bill goes on to say that “a person’s ignorance of a child’s age, a child’s misrepresentation of his or her age, or a bona fide belief of a child’s consent may not be raised as a defense in a prosecution for a violation” of the proposed law.
What does Yarborough's amendment propose?
Yarborough's amendment specifically restricts government entities from providing permits for such events.
These entities include county and municipal governments, including councils, commissions and other departments.
Like the punishment for the individual who “knowingly” takes a minor to an “adult live performance,” the event organizer would be charged with a misdemeanor.
What does it mean for LGBTQ Pride events in Florida?
Because the bill's language does not specify which events fall under the “adult live performance” definition, it is still uncertain how LGBTQ Pride parades and other events will be affected.
In an interview with the Tallahassee Democrat last week, Rep. Randy Fine, author of the bill in the House, said he has seen photos and videos from past years’ events that “would not be appropriate in front of this bill.”
He said those enforcing the law “would focus on the conduct of the folks in the parade ... so it will be up to folks to make sure they follow the law." It is unclear how law enforcement would respond to violations.
This article originally appeared on The Daytona Beach News-Journal: Florida drag show bill: What it proposes, how it affects LGBTQ events
