Proposed Florida law seeks to criminalize risqué behavior when children present
MIAMI - A proposed Florida law could strip money and slap misdemeanors on people who put on live public shows too lewd for children. Some said Senate Bill 1438 is written to rein in drag shows and wonder what it means for pride parades.
James Davis is not among them. He is a professional drag performer known as Elaine Lancaster.
"Drag queens do like to get down and dirty in a nightclub setting and no one laughs harder than I do," Davis said. "I love it. But it's in a nightclub setting. You have to protect people who don't want to see that and the streets belong to all of us. I've seen drag queens do cartwheels in a thong and land in the lap of a child. The buttock (was) right (in the child's face). It's not appropriate."
SB1438 titled "Protection of Children" would punish any group or person who produces adult live performances seen by children. An amendment filed Tuesday also prohibits "a governmental entity from issuing a permit or otherwise authorizing a person to conduct a performance" that violates the proposed law.
The author of the bill, Senator Clay Yarborough, released the following statement to CBS News Miami:
"The bill does not ban any business or any public entity from hosting any kind of event or performance, including a public parade. Unless an entity is planning to admit children to a live event that would include nudity, sexual conduct, or lewd exposure, there should be no cause for distress about the provisions of this bill. It is a concern for me and other parents and constituents when you have any activity or venue where children are being exposed to nudity and lewd conduct. We are trying to protect children, who cannot un-see, un-hear, or un-experience things they are exposed to.
"In our bill, we define an adult live performance consistent with standards approved by the Supreme Court to determine whether or not speech is considered obscene, and provide penalties if a business admits a child to a live performance that contains such activities. The language we added Tuesday states that a governmental entity cannot issue a permit for a performance that would include the same activities prohibited by the bill, if a child is present. Our children are highly valued, and parents want to make sure they are protected.
"Parents have the right to raise their children as they see fit, and government intervention should be a last resort. However, as lawmakers, we have a responsibility to protect children from viewing lewd conduct that is patently offensive to prevailing standards in our communities. Therefore, we have to take it seriously when a business or a government entity in our state knowingly admits children to view performances meant for an adult audience."
The proposal follows other similar proposals in the Florida legislature and comes one month after the state tried to take a Miami hotel's liquor license over a drag show that allegedly exposed minors to simulated sexual acts.
"We've got so many challenges in our area it seems to me that a preoccupation with drag shows seems to be a little bit, frankly weird," Miami Beach Mayor Dan Gelber said.
In a statement to CBS News Miami, the Mayor of Wilton Manors voiced concern too.
"While we support the democratic process, we will never advocate for or be in favor of any piece of legislation that limits the rights of LGBTQ+ people or anyone for that matter," Mayor Scott Newton said. "I have the honor of representing a city where everyone is welcome and expect our laws and lawmakers to uphold and respect equal rights for all."
Some wonder what the proposed law means for pride parades. Miami Beach Pride released a statement Wednesday evening.
"As we've seen with the passage of the vague language of Don't Say Gay, this is a similar playbook that the legislature is following to weaponize government against the most disenfranchised communities which is the true travesty," Bruce Horwich, Chairman of the Board for Miami Beach Pride, said in the statement. "While Tallahassee is relying on opacity in the way the bills are written let us be abundantly clear: Miami Beach Pride vehemently dissents. To any of the young people who are struggling and fear a state where you can't be yourself or watched a beloved teacher have to remove photos of their same-sex wedding or are curious about the art form of drag, we see you. We love you and are always here for you. Just remember this: they will never win."
While Davis thinks the proposed bill borders on censorship, his is all for clean, public shows.
