A Miami hotel has agreed to pay a $5,000 fine to settle a legal battle with the state of Florida over a drag performance that state regulators claimed was “not appropriate to display to children” and a violation of Florida law.
Last December, the Miami Hyatt Regency hosted A Drag Queen Christmas, a touring drag show with former RuPaul’s Drag Race contestant Nina West. Minors were allowed to attend the event, provided that they were accompanied by an adult. According to CBS News Miami, the event included instances of “simulated sexual acts and showing prosthetic female breasts on stage.”
The event came under fire from state regulators in March, who claimed that the show violated a Florida provision barring “lascivious exhibition” in front of children under 16. In retaliation for these alleged violations, the state attempted to revoke the hotel’s liquor license.
Following the incident, Gov. Ron DeSantis signed the “Protection of Children Act” into law in May, which banned minors from attending “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,” including “lewd exposure of prosthetic or imitation genitals or breasts.” Those in violation of the law could have their business licenses revoked or removed, a far harsher punishment than the attempted removal of a liquor license.
“Florida is proud to lead the way in standing up for our children,” DeSantis said in a press release at the time. “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy.”
However, enforcement of the law was halted in June, when a federal judge issued a preliminary injunction against the statute.
“Florida state law, presently and independently of the instant statutory scheme, permits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian,” Judge Gregory A. Presnell of the Middle District of Florida ruled. “Such R-Rated films routinely convey content at least as objectionable as that covered by” the law.
“Moreover, existing obscenity laws provide Defendant with the necessary authority to protect children from any constitutionally unprotected obscene exhibitions or shows,” Presnell wrote. “The harm to Plaintiff clearly outweighs any purported evils not covered by Florida law and a preliminary injunction would not be adverse to the public interest.”
While Florida’s punitive new law was stopped, the state continued its original attempt to punish the hotel for hosting the drag performance. Ultimately, a settlement was reached this week in which the hotel agreed to pay a $5,000 fine and bar minors from future events with actual or simulated sexual activity. However, records show that “the settlement did not find any violations of administrative or criminal laws,” according to the Miami Herald.
The Florida state government’s actions in cracking down on drag shows are part of a national trend attacking the performances. Several states, including Tennesee and Montana, have attempted to ban outright a wide range of drag performances, while others have enacted vague laws targeting performances with sexual content in an effort to curb drag shows.
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