19-year-old Florida stripper sues state over law raising minimum age for the job

TAMPA, Fla. -- A 19-year-old is suing over a Florida law that raises the age requirements to work in adult entertainment establishments, saying it violated her constitutional rights and made her lose her job as a stripper.

In a lawsuit filed Monday, Serenity Michelle Bushey said she and at least eight other performers were fired from Café Risque, a strip club near Gainesville, because of the state law that increased the minimum age to 21.

The lawsuit, which also includes Café Risque and two adult businesses in Jacksonville as plaintiffs, seeks a permanent injunction stopping enforcement of the law.

“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 complaint said. “Plaintiffs have a clear legal right to engage in protected speech of this nature.”

The complaint, which was first reported by the Tallahassee Democrat, names Florida’s attorney general and two local prosecutors as defendants. It was filed in U.S. District Court for the Northern District of Florida.

Gov. Ron DeSantis signed HB 7063 in May, saying it would deter human trafficking.

But the companies in the complaint disputed that, saying they’ve long employed adult entertainers, cooks, waitresses and security guards younger than 21 with no instances of human trafficking.

The clubs said they hire performers under 21 to increase the talent pool and attract young adult audiences. Many young entertainers use the job to support themselves through college, they said.

The plaintiffs, represented by Gainesville attorney Gary Scott Edinger, said the law violates their First Amendment right to free speech.

The ban against performers under 21 “does not actually target human trafficking or the individuals responsible for those criminal acts,” the complaint said.

Plaintiffs said the law “irrationally” allows adult establishments to admit patrons under 21 while excluding performers, violating the Equal Protection clause of the 14th Amendment.

They also said the law is vague and based on “inadequate or shoddy data.”

The lawsuit names Florida Attorney General Ashley Moody as a defendant, as well as Brian S. Kramer, state attorney for the 8th Judicial Circuit, and Melissa W. Nelson, state attorney for the 4th Judicial Circuit. They are responsible for enforcing the law.

Kylie Mason, communications director for the Office of the Attorney General, said Tuesday that the office hadn’t yet been served with the lawsuit but will defend the new law. Kramer and Nelson could not be reached for comment.

The 11th U.S. Circuit Court of Appeals is expected to decide soon on a similar age restriction case in Jacksonville. Thirteen entertainment establishments and four performers, all represented by Edinger, are challenging a city ordinance that took effect in February 2023.