A federal judge has paused a challenge to a new Florida law that prevents strippers under age 21 from performing in adult-entertainment establishments, putting a hold on the lawsuit while an appeals court considers a dispute over a similar Jacksonville restriction.
Operators of two nude-dancing establishments, a dancer and a retail store that sells adult-oriented items are challenging the state law, primarily alleging that the age restriction violates workers’ First Amendment rights.
U.S. District Judge Allen Winsor last month asked lawyers for the state and the plaintiffs to tell him whether the challenge should be put on hold until the 11th U.S. Circuit Court of Appeals resolves a lawsuit over a Jacksonville ordinance that blocks dancers under 21 from performing in adult establishments.
In a document filed Thursday, lawyers in Attorney General Ashley Moody’s office and the plaintiffs’ attorneys acknowledged that “there are claims and issues in this case” that were not presented in the Jacksonville lawsuit, which includes an establishment known as Wacko’s Too, Inc.
“However, the (state) statute and the ordinance at issue in Wacko’s are similar and the Eleventh Circuit decision is likely to address at least some common issues,” the joint document said. “Accordingly, a stay is warranted so that the parties and the court can benefit from the guidance likely to be provided by the Eleventh Circuit.”
On Thursday, Winsor issued a stay and ordered lawyers to submit a status report two weeks after the appeals court ruled in the Jacksonville case. A three-judge panel of the Atlanta-based court heard arguments in June.
State lawmakers and Gov. Ron DeSantis this year overwhelmingly approved the age restriction (HB 7063), amid the legal wrangling over Jacksonville’s ordinance. Backers of the state law contend that it is aimed at combatting human trafficking. The law, which took effect July 1, includes second-degree felony charges for people who employ or allow dancers under 21 to perform in strip clubs.
The law was challenged by operators of Cafe Risque, a nude-dancing establishment in Alachua County; operators of Sinsations, a nude-dancing establishment in Jacksonville; Serenity Michelle Bushey, who performed at Cafe Risque but was barred by the law from working there because she was under 21; and Exotic Fantasies, Inc., which operates a retail store in Jacksonville.