Republican Florida Gov. Ron DeSantis’ administration on Tuesday filed an emergency stay motion to the U.S. Supreme Court in an effort to enforce restrictions on drag shows in the state.
Two weeks ago the Atlanta-based 11th U.S. Circuit Court of Appeals upheld a lower court ruling that the Protection of Children Act posed a threat to constitutionally-protected free speech and expression and affirmed that the block of the law would stand for the entire state of Florida.
In the 167-page filing to the Supreme Court, Florida Solicitor General Henry Whitaker wrote referring the the decision upheld by the 11th Circuit: ”As long as the district court’s preliminary injunction remains in place, Florida is powerless to enforce a law its elected representatives have enacted for the protection of its children.” Florida had been the site of several enforcement threats against drag events, prompting some Pride celebrations to cancel their parades out of concern over the drag laws being weaponized against them.
In June, U.S. District Judge Gregory Presnell in his 24-page ruling noted: “The state claims that this statute seeks to protect children generally from obscene live performances.