LGBTQ Agenda: National group launches guide to drag rights for Floridians

A national network of drag performers have compiled a know your rights and organizing guide for Floridian artists. They hope the information will provide peace of mind for drag artists whose freedoms are being attacked in the Sunshine State.

Scott Simpson, a gay man who is organizer of the Washington, D.C.-based Qommittee, told the Bay Area Reporter in a phone interview that though drag is protected under the First Amendment to the U.S. Constitution, “That is not stopping these folks from trying to intimidate and abuse their positions of power.”

One of those people is Republican Florida Attorney General James Uthmeier, who in July issued a subpoena to the Kilted Mermaid restaurant in Vero Beach, Florida after it hosted a drag show in June. The subpoena asked for copies of guest lists, reservation logs, surveillance video, and contracts identifying performers, the Associated Press reported.  

Though Uthmeier stated the Pride-themed show at the restaurant “featured adult, sexualized performers in front of children, in violation of Florida law,” he did not cite a specific statute in a news release.

Simpson didn’t mention Uthmeier by name, but referring to the incident said, “If someone sends you a subpoena, there is a criminal threat attached to it.”

“It’s illegal and it’s wrong, and in practical terms, it means drag performers across Florida really need to show up and show out and show that this is going to make them stronger and they will not be intimidated,” he continued.

Pierce DeVale, an Orlando-based drag king, is also involved with the group.

“Drag is art and art should be able to be expressed freely and without interference from people with hate in their heart,” DeVale stated. “This surveillance campaign is trying to intimidate performers and audiences into silence, but we’re not going anywhere. Florida drag performers are continuing to create and perform. We’ve been dealing with bullies our whole lives and will not submit. We’ll just get stronger.”

The guide assures people that drag is protected under the Constitution and that “all-ages drag shows are 100% legal.”

However, due to the weaponization of obscenity laws against drag, the guide encourages all-ages shows to stay family-friendly (that is, have “no nudity, sexual content, or lewd behavior.”) For adult-only shows, it encourages proper age verification.

“We must stay visible, stay loud, and stay proud. Every drag performer and venue in Florida has the constitutional right to continue their art while protecting themselves from government abuse,” the guide states. “This intimidation campaign wants us to self-censor out of fear. We will not give them that victory.”

Simpson said, “What we encourage is to take minimum information about attendees and don’t hold on to it any longer than you need to.”

A law signed by Florida Governor Ron DeSantis (R) in May 2023 intended to place severe limitations on drag performances in the Sunshine State can’t go into effect due to a ruling of a three-judge panel of a federal appellate court, as the B.A.R. previously reported.  

Hamburger Mary's Orlando had filed the lawsuit, claiming the law would violate its constitutional rights to host drag performances. Attorney Melissa Stewart, who is representing the storied burger house, told the B.A.R. that the state is trying to challenge the injunction by having all the justices of the 11th U.S. Circuit Court of Appeals hear the case, instead of just three. It has also asked for the injunction on the law’s enforcement to apply only to the restaurant, and not statewide. 

Stewart filed a response opposing that move shortly before speaking with the B.A.R.

“I’m very, very proud to be involved with Qommittee,” said Stewart, who is queer and nonbinary. “They are doing good work.”

Stewart said they were involved with the guide after it was written but before it was published.

“I basically checked it for accuracy, to make sure they had a correct version of the state of the laws in Florida,” Stewart said. 

This isn’t Qommittee’s first action. In June, after President Donald Trump attended a performance at the John F. Kennedy Center for the Performing Arts, 21 drag artists launched a petition demanding that elected officials stop attacks on Pride events and drag performances. That effort was done in conjunction with MoveOn, a progressive organization.

Several performers attended the Kennedy Center event in full drag.

Qommittee has also issued a more general “Drag Defense Handbook.” It’s a 43-page guide providing step-by-step instructions for performers facing harassment and threats, according to the organization. The handbook, created with input from performers who survived attacks including Molotov cocktail bombings and FBI-investigated harassment campaigns, covers crisis response, digital security, First Amendment protections, and alternatives to law enforcement, a news release stated.

People who wish to contact Qommittee can reach it at [email protected] . 

LGBTQ Agenda is an online column that appears weekly. Got a tip on queer news? Contact John Ferrannini at [email protected].