A 19-year-old exotic dancer from Florida and the nightclub where she used to work are fighting a new state law that forbids anyone under 21 from participating in sex work.
Dancer Serenity Michelle Bushey has taken legal action by filing a lawsuit in federal court on Monday.
The exotic performer claims she was unfairly dismissed from Café Risque due to the new regulation supported by Florida’s attorney general and two prosecutors.
A regular roadside attraction, Café Risque is situated just a few miles from Gainesville and is well-known for its 24/7 operations and family ownership.
The club, which does not serve alcohol and has security on site, offers special discounts to truckers and military veterans as a way to draw a crowd.
Despite these lucrative features, the club still falls under the new law affecting adult entertainment businesses.
The rationale behind the new law is to combat human trafficking, and it prohibits hiring anyone under 21 for roles such as performers, cooks, DJs, waitstaff, security guards, and contractors.
Bushey argues that this law infringes upon the US Constitution.
“I don’t think that the law they passed is going to solve the issue at hand,” she said. “This seems more like a political maneuver to get voters to support the candidates pushing these laws. This law is not just taking away jobs and livelihoods from me and other young women but also violating our constitutional right to free speech. There is no evidence that human trafficking is primarily targeted toward exotic dancers in Florida.”
Serenity Michelle BusheyThe lawsuit, filed in Tallahassee, delves deeper into this argument, citing the First Amendment and the Fourteenth Amendment, which ensures equal protection for all Americans.
Bushey is seeking a permanent injunction to stop the enforcement of the law, which was proposed by AG Ashley Moody in March and signed into law by Governor Ron DeSantis in May.
“Like other performers across the state, Bushey earned her living through her art while entertaining her audience,” the lawsuit read. “Plaintiffs have a clear legal right to engage in this form of protected speech.”
Gary Scott Edinger, a Gainesville attorney who represents Bushey, argues that the ban does not effectively address human trafficking or target those responsible for such crimes, but instead punishes the legacy adult entertainment industry.
The plaintiffs argue that the law “irrationally” permits adult establishments to admit patrons under 21 while excluding performers, which they believe violates the Fourteenth Amendment’s requirement for equal protection under the law.
Besides Ashley Moody, the lawsuit also names Brian S. Kramer, state attorney for the 8th Judicial Circuit, and Melissa W. Nelson, state attorney for the 4th Judicial Circuit, as defendants. Eight other performers who lost their jobs at Café Risque are also part of the lawsuit but were not named individually. All of them fall within the three-year age range affected by the new law, officially known as HB 7063.
Café Risque and two other adult venues argue that their businesses are a form of artistic expression and that they have a legal right to perform and entertain their audiences.
According to the Daily Mail, Moody’s office claimed they have not been served with the suit yet, but have no intention of deviating from their current course.
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