TALLAHASSEE, Fla.—Counsel from the office of Florida Attorney General Ashley Moody, a far-right Republican, filed a 35-page-long motion Friday to dismiss a federal lawsuit that challenges the constitutionality of a controversial law recently adopted by the state that bans individuals aged 18 to 20 years from working in adult entertainment businesses.
AVN covered this law, House Bill (HB) 7063, and how Gainesville-based First Amendment attorney Gary S. Edinger sued the state to block the law.
Moody's motion responds to a lawsuit filed by operators of strip clubs, an erotic dancer, and an adult-oriented retailer.
The lawsuit alleges the ban on workers is a violation of the First Amendment rights of the business owners and the dancer. The motion to dismiss argues the law "is narrowly drawn to further the state's legitimate interest of protecting this vulnerable age group from human trafficking."
Critics of HB 7063, especially sex workers, say the law further criminalizes a trade that is already regulated, but still controversial.
“The statute furthers an important or substantial governmental interest unrelated to the suppression of free expression,” reads the motion. "The statute is part of a larger bill designed to combat human trafficking. The statute prevents persons aged 18 to 20 from working in these establishments because this age group is vulnerable to the exploitation of human trafficking."
The text goes on to argue, "It does not prevent adult entertainment establishments from hiring nude dancers, employees, and contractors altogether."
"The ban on performers under the age of twenty-one is not narrowly tailored and does not advance the asserted government interest commensurate with the burden on free speech," the plaintiffs argued via Edinger's initial filing over the summer.
The plaintiffs in the case argue, "The human body is a thing of beauty which, when combined with music and rhythmic motion in the form of dance, conveys an important message of eroticism."
The lawsuit was filed in the U.S. District Court for the Northern District of Florida. The dancer, a woman named Serenity Michelle Bushey, alleges she lost her job due to the new law that far-right Republican Gov. Ron DeSantis signed last month.
DeSantis and proponents for the laws, almost exclusively socially conservative Republican lawmakers, say HB 7063 is meant to counter human trafficking.
"Café Risque, Sinsations, and Exotic Fantasies have the right to select the adult staff and employees of their choosing to assist in the dissemination of their speech, without regard to age," reads the plaintiff's complaint before the court.
