TALLAHASSEE, Fla. – A legal challenge to a Florida law that restricts dancers under 21 from performing in adult entertainment venues has been dropped following a recent federal appeals court ruling. Plaintiffs, including two adult clubs, a dancer, and a retail store, notified the federal court in Tallahassee on Tuesday that they were dismissing their lawsuit.
The lawsuit contested the law on First Amendment grounds. U.S. District Judge Allen Winsor subsequently issued an order that closed the case. While the notice did not provide specific reasons for the dismissal, prior filings indicated the plaintiffs were influenced by a ruling from the 11th U.S. Circuit Court of Appeals, which upheld a similar ordinance in Jacksonville prohibiting dancers under 21 from working at strip clubs.
Legal documents filed on May 7 noted that the Jacksonville ordinance closely parallels the state law in question, specifically in its restriction on the employment of individuals under age 21 at exotic dance establishments. The plaintiffs in the Jacksonville case had decided against pursuing a rehearing or escalating the matter to the U.S. Supreme Court, suggesting that the appellate court’s decision could set a legal precedent in this region.
The legislation, supported by Florida lawmakers and Governor Ron DeSantis last year, was positioned as a measure to combat human trafficking. However, the plaintiffs maintained that the legislature failed to explore alternative regulations that might impose fewer restrictions on First Amendment rights. They argued that not enough evidence was presented to link adult entertainment venues to human trafficking.
The lawsuit was initiated in July by the operators of Cafe Risque and Sinsations, alongside dancer Serenity Michelle Bushey, who was unable to work at Cafe Risque due to the age restriction, and Exotic Fantasies, a Jacksonville retail store. The plaintiffs claimed lawmakers ignored potential less restrictive solutions while citing a lack of evidence connecting adult establishments to trafficking concerns.
Throughout the proceedings, the case was put on hold by Judge Winsor while the appeals court reviewed the Jacksonville ordinance. The May 7 filing highlighted that the operators of Cafe Risque and Sinsations, along with Bushey, were similar to the litigants involved in the Jacksonville ordinance case.
Nonetheless, it appears there remains a possibility for Exotic Fantasies to continue its challenge against the law. The store contended that the legislature considered negative impacts associated with exotic dance clubs but did not provide evidence linking adult retail shops to concerns over trafficking.
Despite the dismissal including all plaintiffs, it was filed “without prejudice,” allowing for the potential of future legal action.
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