A 19-year-old nude dancer claims that a new Florida law that raises the age limit for people employed in the adult entertainment business violates her constitutional rights.
Serenity Michelle Busey filed a federal lawsuit on Monday in the U.S. District Court for the Northern District of Florida, alleging that the law violates her First Amendment free speech rights. Two adult entertainment companies, including the company that owns the club where Busey worked, are also plaintiffs in the suit.
The bill, HB 7063, aims to combat human trafficking and includes a ban on the employment of anyone under the age of 21 in adult entertainment establishments. Gov. Ron DeSantis signed the bill in May but it only went into effect on Monday.
The lawsuit claims that the bill does not include any “grandfather clauses,” forcing these businesses to immediately fire employees under the age of 21. As a result, Busey lost her job as a nude performer at Café Riske.
“In addition to Mr. Busey, at least eight adult performers over the age of 18 but under the age of 21 are unable to perform at Café Riske as a result of HB 7063,” the lawsuit states.
The lawsuit argues that the law violates Bushey's free speech rights by restricting his ability to practice his art and earn a living, adding that the state failed to consider alternatives that would advance state interests without burdening his First Amendment rights.
“Plaintiffs allege that the human body is beautiful and, when combined with rhythmic movement in the form of music and dance, conveys an important message of eroticism,” the lawsuit states.
The law also prohibits adults under the legal age of 21 from working in any other capacity unrelated to nude entertainment, according to the lawsuit.
Also joining the suit is Sinsations, the company that runs an adult store called Exotic Fantasies, which claims it is considered an adult entertainment business by the state even though it doesn't offer live entertainment. The store sells adult videos, lingerie, clothing, accessories and other adult novelty items.
Although all employees at Exotic Fantasies are clothed “at all times,” the store is also subject to the same laws, which the lawsuit distinguishes from other types of businesses where pornography may be viewed on premises.
“Exotic Fantasies operates what are known in the industry as 'percentage stores,' because only a small percentage of its inventory consists of 'sexually oriented material,'” the lawsuit states.
Kylie Mason, communications director for the state attorney general's office, told The Associated Press on Tuesday that the office will defend the law.
NBC News was unable to reach the attorney general's office Thursday due to the Independence Day holiday, and DeSantis' office did not immediately respond to an email seeking comment.
