A Gay bar in Orlando called “Hamburger Mary’s” is suing the state of Florida because the law that prohibits adult performances in front of children is putting them out of business, which according to them is a violation of their First Amendment rights to helicopter their dicks in front of children. Hamburger Mary’s owners said once they told customers that children would no longer be permitted at any of its drag shows, bookings in fell 20%.
Reading the comments, the people there demanded to know what constitutes an adult performance. So here it is. The law defines adult content as follows:
“Adult live performance” means 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 s. 847.001, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts
It refers to 847.001, which defines:
“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
“Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
“Specific sexual activities” includes the following sexual activities and the exhibition of the following anatomical areas:
(a) Human genitals in the state of sexual stimulation or arousal.
(b) Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or representation thereof.
(c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts.
(d) Less than completely and opaquely covered:
1. Human genitals or the pubic region.
2. Buttocks.
3. Female breasts below the top of the areola.
4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Tell me which of the above described activities are OK for exhibition to children. I posted the above legal definitions to the comments of the clickOrlando website, and they were immediately removed for violating community standards. Now if the legal description of what is prohibited by the law is such a violation of community standards that the LAW can’t even be viewed by the public, then how in the world is it OK for children to view the acts described and proscribed by that law?
If your business model depends on performing acts like this in front of children, your business model is trash, and you know what? It has nothing to do with the fact that they are gay or trans. I would have an issue with children being in a straight club that was performing these acts as well.
Sexual performances are not protected by the First Amendment if they are obscene. Whether or not they are obscene is determined through a three pronged test known as the Miller test. That standard can be found here. Those standards are stricter when involving children. I think Hamburger Mary’s and those trannies are on the losing end of this one.