The adult entertainment industry in Florida is getting ready to legally challenge a recent law prohibiting the hiring of dancers and other employees under the age of 21, an age requirement included in an anti-human trafficking law that is scheduled to become effective on July 1, Bloomberg News reported.
The Florida Age Restriction (HB 7063)
The Florida age restriction was signed into law by Governor Ron DeSantis on May 13 as HB 7063. This law mirrors a Texas law recently affirmed as constitutional and a Jacksonville ordinance that received a varied decision in federal district court and is currently under review by the US Court of Appeals for the Eleventh Circuit.
The policies set forth by lawmakers aim to prevent individuals under 21 from being forced into sex work but also raise concerns regarding the constitutional rights of business owners, performers, and other employees. The laws in Florida and Texas apply not only to performers who wear minimal clothing or none at all but also extend the prohibition to other roles such as cooks, DJs, waitresses, and security guards, and restrict the use of workers in this age group from third-party contractors hired for tasks such as air-conditioning repairs or carpentry.
Strippers Opposing The Law
One 19-year-old stripper named Serenity Michelle Bushey, along with the establishment where she was employed and two adult establishments in Jacksonville, has filed a lawsuit against Florida's attorney general and two local prosecutors to halt the enforcement of a new state law that infringes constitutional rights, AP News reported.
The lawsuit was filed in federal court in Tallahassee, seeking a permanent injunction to prevent the law from violating their First Amendment freedom of speech and Fourteenth Amendment right to equal protection.
Bushey made her living by entertaining her audience through her artistic expression. As with other performers across the state, the plaintiffs argue they have a distinct legal right to engage in this protected form of speech.
Eight other adult performers, all over 18 but under 21, are also unable to continue working at Cafe Risque due to the new law's implementation.
Deeper Litigation Problem
Under Florida's new trafficking law and the Jacksonville ordinance, club owners face criminal liability for hiring staff or performers under the age of 21. The state law categorizes hiring someone under 21 at adult entertainment businesses as a misdemeanor, with penalties escalating to a felony if the individual performs or works while nude.
In a Bloomberg interview, Angelina Spencer-Crisp, a former dancer who now manages trade associations for adult clubs and conducts trafficking-prevention training, criticizes the law for overlooking more prevalent trafficking sites such as hotels and the internet. According to her, banning dancers under 21 could potentially drive individuals into underground performing or sex work and increase their vulnerability to exploitation by only destabilizing their economic support system.
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