TALLAHASSEE, Fla. – A 19-year-old former stripper has initiated a legal challenge against the state of Florida over a new law that prohibits individuals under the age of 21 from working in adult entertainment venues. The law, which was enacted this week, aims to combat human trafficking according to proponents, but those opposed argue it infringes on constitutional freedoms.
The young woman, formerly employed at Café Risque near Gainesville, contends that the regulation not only deprived her of her livelihood but also impedes her First Amendment right to freedom of expression. The lawsuit, filed in the U.S. District Court for the Northern District of Florida, includes other plaintiffs such as adult entertainment venues and a lingerie retailer.
Florida Governor Ron DeSantis, who signed the bill into law, insists the age restriction is a necessary measure to protect young adults from being trafficked. However, the plaintiffs assert there is no substantial evidence linking their establishments with trafficking activities.
The complaint articulates that the law is excessively broad and does not appropriately balance the government’s objectives against the restriction of free speech. It states, “Performers, like artists of any medium, convey significant messages through their art – in this case, through dance and expression. Such expression should not be unfairly impinged upon by overly restrictive laws.”
Defended by First Amendment lawyer Gary Edinger, the plaintiffs emphasize the ambiguous nature of the law, which broadly categorizes any venues selling adult-themed materials as adult entertainment establishments, subject to the hiring restrictions. This classification has impacted a variety of businesses, including ones that do not offer live entertainment such as the Jacksonville-based store Exotic Fantasies, which specializes in lingerie and adult novelties.
This legal challenge points out what it regards as a contradiction within the law: allowing adults under 21 to patronize such establishments while denying them employment opportunities there. The plaintiffs argue that the law’s enforcement mechanisms, including potential criminal penalties for employers who inadvertently hire underage workers, are unduly harsh and not aligned with constitutional norms.
The law specifies severe penalties for violations, including second-degree felonies with potential imprisonment up to 15 years if an under-21 employee performs nude. The stringent condition that ignorance of an employee’s age does not constitute a legal defense further complicates compliance efforts for business owners.
Named defendants in the case include Florida Attorney General Ashley Moody and Chief State Attorneys Brian Kramer and Melissa Nelson, who are tasked with upholding the statute. While Moody’s office has yet to officially respond to the lawsuit, enforcement of the law continues to be prepared.
In parallel, this age-related dispute echoes a broader national discussion on employment age restrictions within the adult entertainment industry. A similar ordinance in Jacksonville is currently under review by the 11th U.S. Circuit Court of Appeals, potentially setting a precedent for future legislative actions across the country.
As the legal processes unfold, the outcomes of these cases could significantly impact laws regulating adult entertainment venues nationally, especially concerning age-based employment restrictions purportedly aimed at combating trafficking yet challenged as infringing fundamental rights.