A Florida Republican defending a bill to ban drag performances in public has said he’s fine “erasing” the LGBTQ community in order to protect children.
State Rep. Randy Fine (R-Palm Bay) defended HB 1423, which he sponsored, and is one of several similar bills seeking to restrict “adult live performances” — including drag, which critics claim is an inherently sexualized art form — in places where they might be viewed, even unintentionally, by minors.
The bill prohibits government entities from issuing any permit or authorization allowing a person to conduct an “adult live performance,” which is defined as a show, exhibition, or presentation in front of a live audience depicting or simulating nudity, various types of sexual conduct or sexual activities, or exposure of prosthetic or imitation genitals or breasts.
The bill charges performers found to have violated the law with first-degree misdemeanors, which are punishable under state by a $1,000 fine and potentially up to a year in jail. Those who knowingly admit children to such performances may also be found guilty of a first-degree misdemeanor.
Under the bill, the state’s Department of Business and Professional Regulation may suspend or revoke the business license of any public lodging or public food service establishment that hosts “adult live performances” where minors may be present, and may also suspend or revoke any establishment’s liquor license if they admit minors to such shows.
An establishment can also be fined $5,000 for a first violation, and $10,000 for subsequent violations.
Critics contend that the law serves as a ban on drag, as public performances are prohibited, and any business owners who don’t want to be fined heavily or attract the attention of overzealous conservative state regulators will prohibit drag performances in any non-bar establishments, rather than potentially lose business by refusing admittance to children.
Some also worry that the bill defines “adult live performances” — or what constitutes “appeal[ing] to a prurient, shameful, or morbid interest” under the statute — so broadly that even just appearing in drag in public view could be deemed a violation of the law.
Florida Democrats said the bill was just another attack primarily aimed at targeting members of the LGBTQ community to erase or hide any display of gender-nonconforming behavior or dress.
Others said that Fine’s bill infringes on parental rights — the buzzword that has become the new rallying cry for conservatives angry over schools’ efforts to support LGBTQ students — by punishing parents who disagree with Florida Republicans’ views of drag.
In a speech before the State Administration & Technology Appropriations Subcommittee, Fine defended the bill, insisting it’s not about drag specifically, but about protecting children from being exposed to sexual content.
He also sought to turn opponents’ arguments around, feigning outrage over linking the gay and lesbian community to those who allegedly “target children” and implying anyone with a problem with the bill has sinister motives.
“They’re the ones that are saying this definition applies to them. Well, if it means erasing a community because you have to target children, [then] damn right, we ought to do it,” Fine said in remarks that were videotaped and have been shared widely on social media.
“I just don’t think you have to inherently say because you’re lesbian or gay, that you want to target children. I find that statement to be offensive to them,” Fine said.
“The question is, why are there people in this world so determined to push this on children? Because if you weren’t doing that, this bill wouldn’t exist.”
But critics of the bill noted that it was Fine who linked the LGBTQ community to his bills, pointing to a Facebook post from a month ago in which the state representative decried allowing transgender youth to access gender-affirming treatments.
In the post, Fine said he had introduced a bill to ban such procedures and allow people who experience regret about transitioning to sue their former doctors. He then announced his sponsorship of HB 1423, claiming that drag — specifically Drag Queen Story Time — is “the gateway propaganda” encouraging youth to pursue transitioning.
On Wednesday, Fine followed up with another Facebook post linking his bill to a Drag Queen Story Time event as part of a Pride festival in Melbourne, Florida.
“This morning, I will present HB 1423 before it’s (sic) second committee, which will ban the City of Melbourne from ‘welcoming’ drag queen adult entertainers from grooming our children! Promises made, promises kept!” he wrote.
A bill similar in scope to Fine’s passed the Florida Senate earlier this week on a party-line vote.
Florida’s actions mirror those of Tennessee, which became the first state to pass legislation targeting drag shows by declaring them “adult cabaret performances” and prohibiting such “adult” performances from taking place on public property or in places where minors might potentially view them.
That law has since been blocked by a federal judge over concerns that it is vague and overly broad, and may infringe on the free speech rights of drag performers.
The push to ban drag from the public sphere also aligns with efforts by the DeSantis administration — specifically, the Florida Department of Business and Professional Regulation — to strip venues in Miami and Orlando of their liquor licenses for hosting “A Drag Queen Christmas,” a touring show featuring prominent drag queens, reports Orlando-based CBS affiliate WKMG.
State officials have alleged in a complaint that the show contained “lewd, indecent or obscene content,” including the simulation of sex acts and the exposure of “prosthetic female breasts,” and that children may have been present at the shows.
In the case of the Orlando venue, reports by undercover DBPR investigators revealed that agents did not witness any lewd acts, such as exposure of genitals, and performers did not have any physical contact with any patrons.
However, the administrative complaint that led DBPR to target the venues appears to have exaggerated the agents’ reports or misrepresented what actually took place, according to reporter Judd Legum’s Popular Information online newsletter.
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