Florida’s Attorney General, Ashley Moody, has filed a motion to dismiss a federal lawsuit challenging a recently enacted state law that prohibits individuals aged 18 to 20 from working in adult entertainment establishments. The 35-page motion was submitted in response to a lawsuit filed by strip club operators, an erotic dancer, and an adult-oriented retailer, arguing that the law violates First Amendment rights.

House Bill (HB) 7063, signed into law by Governor Ron DeSantis, aims to combat human trafficking, according to its proponents. The law’s opponents, however, argue that it criminalizes and restricts an already regulated and controversial trade. The legal challenge, filed in the U.S. District Court for the Northern District of Florida, alleges that the ban on workers under 21 infringes upon free speech and the right to artistic expression.

In the motion to dismiss, Moody’s office argues that the statute is “narrowly drawn to further the state’s legitimate interest of protecting this vulnerable age group from human trafficking.” The motion emphasizes that the law is part of a broader legislative effort to combat human trafficking, stating, “The statute prevents persons aged 18 to 20 from working in these establishments because this age group is vulnerable to the exploitation of human trafficking.”

The motion further contends that the statute does not suppress free expression, arguing that it does not prevent adult entertainment establishments from hiring nude dancers and other employees entirely. It focuses specifically on the age group deemed vulnerable.

The lawsuit, brought by Gainesville-based First Amendment attorney Gary S. Edinger on behalf of the plaintiffs, disputes the state’s rationale. It claims that the ban is not narrowly tailored and does not effectively address the asserted government interest in combating human trafficking. The lawsuit states, “HB 7063 does not actually target human trafficking or the individuals responsible for those criminal acts. Instead, it regulates only the potential (if unlikely) victims of trafficking and only the subset of potential victims who are actively engaged in speech activities.”

Additionally, the plaintiffs argue that the state failed to consider alternative forms of regulation that would less severely burden First Amendment rights. The lawsuit points out a lack of evidence connecting human trafficking to adult entertainment establishments, challenging the state’s justification for the law.

The plaintiffs include operators of Cafe Risque in Alachua County, Sinsations in Jacksonville, Serenity Michelle Bushey—a dancer who performed at Cafe Risque and lost her job due to the law—and Exotic Fantasies, Inc., an adult retail store in Jacksonville. The plaintiffs argue that establishments like Cafe Risque and Sinsations have the right to select their adult staff without regard to age, and the ban infringes upon their right to free speech and expression.

Moody’s office counters this by arguing that the law does not target the expression itself but seeks to protect a specific group from exploitation. “The statute furthers an important or substantial governmental interest unrelated to the suppression of free expression,” the motion states, reinforcing the state’s position that HB 7063 is part of a larger effort to prevent human trafficking.

The motion to dismiss underscores the ongoing debate surrounding the regulation of adult entertainment and its intersection with efforts to combat human trafficking. The case brings into focus the tension between government regulation aimed at protecting vulnerable populations and the protection of First Amendment rights, particularly in industries deemed controversial or stigmatized.