A 19-year-old stripper and the nightclub where she worked are challenging a new law that bars individuals under 21 from engaging in sex work.
Serenity Michelle Bushey filed the lawsuit in Florida federal court Monday, arguing that she unjustly lost her job at Café Risque because of Florida’s attorney general and two prosecutors who championed the guidance.
The business can be found a few miles Gainesville, and is advertised by billboards littered up and down a nearby highway. It bills itself as being 24/7 and family-owned, and offer discounts to truckers and military vets. It also doesn’t serve alcohol – but was still among the adult entertainment businesses subjected to the guidance.
Aimed at combating human trafficking, the law prohibits the hiring individuals under 21 in roles such as performers, cooks, DJs, waitstaff, security guards, and contractors. Bushey claims the law goes against the tenets of the US Constitution.
In a statement to DailyMail.com, the now out of work woman explained to DailyMail.com why the law affecting countless adult performers like her falls flat.
‘I don’t think that the law that they passed is going to solve this issue at hand,’ she said Tuesday of the attempt at stopping sex-trafficking in The Sunshine State.
‘Instead this is more or so a political plot to get voters into the booths to vote for the candidates putting these laws in motion,’ she claimed.
‘This is not only taking jobs and livelihoods away from me and other women my age, but violating our constitutional right to free speech.
‘This law has no evidence behind it when it comes to the reason it was passed.
‘There is no evidence that human trafficking is mainly targeted towards exotic dancers in the state of Florida.’
Her lawsuit filed in Tallahassee adds more insight into this argument, while citing the First Amendment and the Fourteenth that guarantees equal protections to all Americans
In it, she demanded a permanent injunction to prevent enforcement of the law, which was unveiled by AG Ashley Moody back in March. Gov. Ron DeSantis went on to sign it into law in May, saying it would deter human trafficking.
‘As with similar performers around the state, Bushey earned her living through her art while providing entertainment for the benefit and enjoyment of her audience,’ the suit states.
‘Plaintiffs have a clear legal right to engage in protected speech of this nature.’
The plaintiff, represented by Gainesville attorney Gary Scott Edinger, further claimed in the filing that the ban ‘does not actually target human trafficking or the individuals responsible for those criminal acts,’ while also being decidedly vague and based on ‘inadequate or shoddy data.’
As for the defense involving the Fourteenth Amendment, plaintiffs said the law ‘irrationally’ allows adult establishments to admit patrons under 21 while excluding performers, presumably violating the law that demands equal protections for all citizens.
In addition to Moody, the suit names Brian S. Kramer, state attorney for the 8th Judicial Circuit, and Melissa W. Nelson, state attorney for the 4th Judicial Circuit, as defendants, while also including eight other performers fired from Café Risque as plaintiffs.
None were named, but all fell into the three-year age-gap affected by the new law, officially named HB 7063.
Café Risque and two other adult venues were also included as plaintiffs, who also contend that the nature of their businesses constitutes artistic expression, and that they have a legal right to perform and entertain audiences.
Kylie Mason, communications director for Moody’s office, said hey have yet to be served with the lawsuit on Tuesday, as it makes it way through the proper channels.
He did, however, say the office would vehemently defend the new law.
For now, Bushey and thousands of others will have to look for another form of employment.