Proposal seen as drag crackdown could limit live performances of some popular musicals

TALLAHASSEE, Fla. — Florida lawmakers are advancing a bill amid a crackdown on drag show performances that would allow the state to revoke licenses of businesses that admit minors to "adult live performances."

While it does not specifically use the term “drag,” the measure comes as state officials have targeted venues hosting drag shows where minors were in attendance.

The bill entitled "Protection of Children" defines these performances as “any show, exhibition, or other presentation that is performed in front of a live audience and in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”

State regulators would be allowed to immediately suspend or revoke the license of a restaurant, bar or other venue that violates the law.

THE QUESTION

But would the bill apply to live performances of popular musicals like "Rocky Horror Picture Show" and "Hair" as some on social media have claimed?

THE SOURCES

• Florida Senate Bill 1438
• Sen. Clay Yarborough, R-Jacksonville

THE ANSWER

As written, the restrictions in the bill could apply to live shows beyond drag, the bill’s sponsor said in direct response to questions about performances of "Rocky Horror Picture Show," "Chicago" and "Hair" if a minor is admitted.

WHAT WE FOUND

A measure authorizing state regulators to suspend or revoke the liquor license of any venue for admitting minors to a live, “adult performance” is nearing a vote in Florida’s Senate.

Florida Senate Bill 1438 would also create felony penalties for a person who admits a minor to such performances.

In a debate on the Senate floor Tuesday, the bill's sponsor Sen. Clay Yarborough, R-Jacksonville, was questioned about other live performances to which the bill could apply.

“I mean I don’t know if you seen the ‘Rocky Horror Picture Show’ … sometimes it’s acted live … it’s pretty aggressive,” said Sen. Tina Polsky, D-Boca Raton, questioning Yarborough about who gets to decide whether something is lewd.

“If that type of content was portrayed in a show or exhibition like what we talk about in the bill, which would be a live performance, then if there was a complaint that was brought into (Department of Business and Professional Regulation) DBPR then they would investigate,” Yarborough responded.

Polsky continued her line of questioning.

“If the Broadway show ‘Hair’ comes to Florida, and there is nudity a 17-year-old is not allowed to attend, is that correct, and they need to check ID at the door,” Polsky said.

Yarborough responded, saying, “If it is an adult live performance … and has any of these descriptors (in the bill) then it would apply regardless of what that show, exhibition or other presentation in front of a live audience is.”

Other Democratic lawmakers also took issue with the fact the bill draws on existing contradictory state law that includes exceptions for people and businesses that admit minors if a parent is present.

Last year, Gov. Ron DeSantis said lawmakers should consider making it a felony to take a child to a drag show following controversy in Dallas where children participated in a performance. The proposal was made by now-former Republican Rep. Anthony Sabatini who called for an “emergency special session” to address it.

Since then, DeSantis' administration has moved to revoke the liquor license of several businesses, including a Miami hotel that hosted a Christmas-themed drag show in December. 

DeSantis – who has promoted Florida as "the freest state" where every parent should have the right to choose what is best for their child – said parents choosing to take their children to a drag show is part of a “disturbing trend in our society” to sexualize kids.