Florida attorney general harasses wine bar for violating a drag ban that judges already blocked

Florida officials harassed a Vero Beach restaurant for hosting an LGBTQ+ Pride event, citing a drag law that the courts say can’t be enforced.

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Attorney General James Uthmeier, who was appointed to his post by Gov. Ron DeSantis, opened an investigation of the Kilted Mermaid, which the Associated Press said is owned by Vero Beach Vice Mayor Linda Moore, for hosting a Pride Tea Dance with drag performers.

The event happened at a wine bar, according to Florida Politics.

"In Florida, we don't sacrifice the innocence of children for the perversions of some demented adults,” Uthmeier said in a statement. "The Office of Statewide Prosecution opened an investigation into this sexualized performance to determine the extent of the content and exposure to children."

Moore told a local NBC affiliate she stood by the event, and said she will host it again next year. She stressed there was no age-inappropriate entertainment at the show during the period when youths were attending. She resisted public calls for her resignation over the issue.

"Gay pride is all ages to a certain point in the evening. I've stated this again and again and again," Moore said. "Perhaps it shouldn't have said 'all ages' on the flyer."

Uthmeier’s office subpoenaed surveillance footage, along with “logs, notes, or documents identifying camera locations, retention policies, or personnel responsible for maintaining said recordings.” He also wanted a list of all employees working at the business on June 28, when the event was held. He also wanted documents that identified guests and anyone who was performing, and demanded everything be produced for his office by August 8 at 9 a.m.

The subpoena cited Florida statute allowing the office to demand the production of documents for an investigation but did not mention any law the business may have violated. But the press release alleged there was “evidence” the show was advertised as “all ages welcome” and that the event “featured adult, sexualized performers in front of children, in violation of Florida law.”

That appears to rely on an anti-drag law signed by DeSantis in 2023. But after Orlando restaurant Hamburger Mary’s, which hosted a regular drag queen story hour, sued over the law, a federal judge in June 2023 said the statute could not be enforced. In May, the 11th Circuit Court of Appeals upheld that ruling.

This isn’t the first time Uthmeier, who is up for election to a four-year term next year, has appeared to ignore the courts saying a law could not be enforced. He was held contempt of court last month, as reported by the Florida Phoenix. That was after Uthmeier sent a letter to Florida law enforcement agencies saying he could not stop them from enforcing a new anti-immigration law even though a judge blocked the statute. The 11th Circuit Court of Appeals upheld that lower court ruling as well.