Senate preps anti-drag show bill for passage despite apparent conflict with existing law

Legislation creating felony penalties for establishments that allow minors into adult shows with lewd content is nearing passage in the Florida Senate after receiving further criticism, including that the proposed changes are redundant and confusing.

Its sponsor, Jacksonville Republican Sen. Clay Yarborough, fielded questions from several Democratic colleagues about the bill’s intent, potential negative impacts, and conflict with existing state statutes.

Near the end of an hourlong discussion, he described the measure as “a good bill” and asked for their support.

Titled “Protection of Children,” the bill (SB 1438) would authorize state government officials within the Department of Business and Professional Regulation (DBPR) to suspend or revoke the liquor license of any hotel, motel, restaurant, bar or similar establishment that knowingly admits minors to a live, adult performance.

The bill defines such performance 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 as those terms are defined” in existing state law.

That includes “lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts” when it meant to appeal to “prurient, shameful, or morbid interests,” patently offensive and “without serious literary, artistic, political, or scientific value for the age of the child present.”

A person who admits a child to such a performance as the bill defines it would face a third-degree felony, punishable by up to five years in prison, a $5,000 fine, and five years of probation.

The business hosting the event could lose its liquor license, and the DBPR’s Division of Hotels and Restaurants could fine it $5,000 for the first offense and $10,000 for each violation after.

“Parents have the right to raise their children as they see fit, and government intervention should be a last resort,” Yarborough said of the bill, whose House analog (HB 1423) by Republican Rep. Randy Fine awaits a hearing before the second of three committees to which it was referred last month.

“As lawmakers, we have a responsibility to protect children from viewing lewd conduct that is potentially offensive to prevailing standards in our communities. Therefore, we have to take it seriously when a business knowingly admits children to view performances meant for adult audiences.”

Though Yarborough’s bill does not expressly mention drag shows, the legislation is inspired by online video clips showing children attending those kinds of performances, like “A Drag Queen Christmas” and burlesque shows.

Gov. Ron DeSantis last year said there should be a crackdown on drag shows aimed at kids after former Howie-in-the-Hills Republican Rep. Anthony Sabatini called for an “emergency Special Session” to deal with the matter.

Sabatini was complaining specifically about a June 2020 show in West Palm Beach called “Pride on the Block: Drag Show for Kids.”

Yarborough’s bill, one of many aimed at drag performances nationwide, would indeed address those shows. But it would also have unintended consequences, several Democratic Senators argued, including attracting violent attention to the shows, regardless of whether kids attend them.

Tina Polsky noted that despite its expressed intent of protecting against “lewd acts or sexualizing young children,” the bill’s language would still allow child beauty pageants “where little girls are in full hair, full makeup, in these sexy outfits and (doing) sexy dances at age 5, 6, 7 (like) JonBenét Ramsey.”

Lori Berman pointed out that state investigators ultimately determined that “A Drag Queen Christmas,” despite all its negative attention, did not contain lewd content as defined in Yarborough’s bill.

Jason Pizzo, a former state prosecutor, grilled Yarborough at length about how a large chunk of the measure’s language, definitions and provisions come from an existing state law that is so old it still contains references to videocassettes.

That statute (847.013) — which Yarborough’s bill would not overwrite — also concerns exposing youths to movies, live shows, and other such entertainment that depicts “nudity, sexual conduct, sexual excitement” and other content “harmful to minors.”

However, the statute also includes an exception for people and businesses that admit minors to those sorts of shows if a parent accompanies them.

Unless it revises that statute, which it does not, Yarborough’s bill creates a legal paradox, Pizzo argued, which could prove problematic for state law enforcement agents.

“Might it make sense that we go ahead and revise this section as well, (since the current statute has) an exemption for parents being present?” he said. “You have a bill drafted that is in direct conflict with an existing statute.”

Yarborough disagreed there was anything to be concerned about. He said the state would advise businesses his bill would impact upon becoming law so that no conflict would occur.

“Our bill speaks to what our bill speaks to,” he said. “I’m comfortable with the language.”

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