ORLANDO, Fla. — LGBTQ+ advocates in Orlando say they are heading to Tallahassee ahead of Gov. DeSantis’ signing of Senate Bill 1438. The Protection of Children Act bans children at live adult performances, which opponents say could affect drag shows.

The bill defines adult performances as something that depicts or simulates nudity, sexual conduct, or specific sexual activities, including lewd exposure of prosthetic breasts.


What You Need To Know

  • The bill defines adult performances as something that depicts or simulates nudity, sexual conduct, or specific sexual activities, including lewd exposure of prosthetic breasts

  • Businesses that knowingly admit a child into an adult performance can face a $5,000 fine and a $10,000 fine if it's a second offense

  • People who knowingly admit a child can face a misdemeanor charge

An advocate with Come Out With Pride, Jeff Prystajko says he and others are heading to Tallahassee to speak out against the bill.

“We’re already starting to see some impacts. Some of the drag queens who are performing at certain bars are already starting to lose business. Bar owners are finding, ‘We don’t want to be held liable. We’re scared of some of this legislation.’ So they’re losing opportunities. That’s only going to continue. There’s also a slippery slope. What happens with other venues that may have drag elements? Shakespeare plays, concerts, Beyoncé, Madonna? These could all be affected. These could all be cancelled,” he said. 

Businesses that knowingly admit a child into live adult performances can face a $5,000 fine and a $10,000 fine for a second offense.

The bill, in part, states that “lewd exposure” of prosthetic breasts would determine if a performance is for adults. The bill also relies on the Supreme Court’s Miller Test for defining whether a performance is adult.

Rep. Randy Fine sponsored a House version of the bill and told Spectrum News that the measures aim to shield children from inappropriate content.

“We’re not saying they can’t take their kids to a drag show. Our bill says they can’t take their child to adult live entertainment, as we’ve defined in the bill,” said Fine. “There is a right to parent your child, but there are guardrails. You can’t beat your child with a stick, you can’t choose not to feed them, you can’t say they can’t be educated — you have no right to abuse your child and we think sexualizing children is child abuse.”