Governor DeSantis is not faring well in the Republican race for the presidential nomination. The state faces soaring insurance rates and major climate issues. But the Governor is determined to drive drag shows out of Florida. His administration intends to bring his case against drag shows to the U.S. Supreme Court, hoping to override lower courts that decided that drag performances are a form of expression protected by the First Amendment. This is a “threat” that DeSantis cannot ignore.

The Miami Herald reported:

Gov. Ron DeSantis’ administration has gone to the U.S. Supreme Court in a fight about a ruling that blocked statewide a new law aimed at preventing children from attending drag shows.

The state’s attorneys want the Supreme Court to approve a partial stay of a preliminary injunction that U.S. District Judge Gregory Presnell issued to block the law.

Presnell issued the injunction in a lawsuit filed by the Orlando restaurant Hamburger Mary’s — but also applied the injunction to venues statewide. The partial stay, if granted, would allow the law to be enforced against all venues except Hamburger Mary’s while an underlying appeal of Presnell’s ruling plays out.

A panel of the 11th U.S. Circuit Court of Appeals, in a 2-1 decision, rejected such a partial stay on Oct. 11. Attorneys representing Florida Department of Business and Professional Regulation Secretary Melanie Griffin, the named defendant in the case, took the issue to the Supreme Court last week.

“This is not a class action, and there is but one plaintiff: a restaurant in Orlando, Florida, known as Hamburger Mary’s, which claims that the statute unconstitutionally deters it from presenting to children live drag shows that are not sexually explicit,” the state’s attorneys wrote in the Supreme Court filing. “Even if such performances violated the statute, all Hamburger Mary’s needs to remedy its alleged injury is an injunction precluding the state from enforcing the statute against Hamburger Mary’s. Extending that relief to others not before the court did nothing to alleviate Hamburger Mary’s asserted injury and exceeded the district court’s remedial authority.”

But in a July decision rejecting a request for a partial stay, Presnell wrote that the state was trying to “neuter the court’s injunction” by having it apply only to Hamburger Mary’s. “Protecting the right to freedom of speech is the epitome of acting in the public interest,” Presnell wrote. “It is no accident that this freedom is enshrined in the First Amendment. This injunction protects plaintiff’s [Hamburger Mary’s] interests, but because the statute is facially unconstitutional, the injunction necessarily must extend to protect all Floridians…”

Hamburger Mary’s, which said it had run “family friendly” drag shows for 15 years, filed the lawsuit in May, and Presnell ruled June 23 that the law is not “sufficiently narrowly tailored” to meet First Amendment standards.

Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article280980003.html#storylink=cpy

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