Florida's statewide prosecutor has subpoenaed records of a popular restaurant after it hosted an LGBTQ Pride event last month that the prosecutor's office says was open to all ages, even though a recent state law that restricts venues from admitting children to “adult” performances has been blocked by courts.
Florida Attorney General James Uthmeier claimed in a statement Tuesday that the event at the Kilted Mermaid in Vero Beach had “adult, sexualized performers in front of children." His office on Tuesday did not respond to repeated inquiries asking which laws may have been violated.
The subpoena issued earlier this month asks for copies of guest lists, reservation logs, surveillance video and contracts identifying performers.
The owner of the Kilted Mermaid, Linda Moore, is vice mayor of Vero Beach, which is located on the Atlantic Coast, more than 80 miles (129 kilometers) north of West Palm Beach. Moore did not immediately respond to an email and phone call seeking comment.
Florida's Protection of Children Act, also known as “the drag show ban,” was championed by Republican Gov. Ron DeSantis. It sought to punish venues for allowing children into what it called “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.
Venues that violated the law faced fines and the possibility that their liquor licenses could be suspended or revoked. Individuals could be charged with a misdemeanor crime.
The law was challenged in 2023 by the Hamburger Mary’s restaurant in Orlando which regularly hosted drag shows, including family-friendly performances. The restaurant claimed the Florida law violated First Amendment rights by chilling speech.
In May, a three-judge panel for the 11th Circuit Court of Appeals voted 2-1 to back a lower court's preliminary injunction that described Florida’s law as overly broad and vaguely written. The case now returns to the Middle District of Florida for trial.
