A 19-year-old stripper and the nightclub where she worked are challenging a new law that bans people under 21 from engaging in sex work.
Serenity Michelle Bushey filed the lawsuit in federal court in Florida on Monday, arguing that she wrongfully lost her job at Café Risque because of Florida’s attorney general and two prosecutors who defended the guide.
The business is located just a few miles from Gainesville and advertises itself via billboards scattered along a nearby highway. It promotes itself as a family-owned business that operates 24/7 and offers discounts to truckers and military veterans. It also does not serve alcohol, but was still among the adult entertainment businesses subject to the regulations.
The law, which is aimed at combating human trafficking, prohibits hiring people under 21 to perform jobs such as entertainers, cooks, DJs, waiters, security guards and contractors. Bushey says the law contradicts the principles of the U.S. Constitution.
In a statement to DailyMail.com, the now-unemployed woman explained to DailyMail.com why the law that affects countless adult performers like her fails.
Serenity Michelle Bushey filed the lawsuit in a Florida federal court on Monday, arguing that she unfairly lost her job as a result. In a statement to DailyMail.com, the now-unemployed entertainer explained why the law attempting to stop sex trafficking in the state is failing.
The business is located near Gainesville and advertises itself via billboards scattered along the nearby highway. It promotes itself as a family-owned business and offers discounts to truckers and military veterans. It also does not serve alcohol, but was still among the businesses subject to the new rules.
“I don’t think the law they passed is going to solve this problem,” she said Tuesday of the effort to stop sex trafficking in the Sunshine State.
“Instead, this is more of a political plot to get voters to go to the polls to vote for candidates who implement these laws,” he said.
‘This not only takes away jobs and livelihoods from me and other women my age, it also violates our constitutional right to freedom of expression.
‘This law has no evidence to support the reason why it was passed.
‘There is no evidence that human trafficking is primarily targeting exotic dancers in the state of Florida.’
His lawsuit filed in Tallahassee provides further insight into this argument, citing the First and Fourteenth Amendments that guarantee equal protection to all Americans.
In her brief, she called for a permanent injunction to block enforcement of the law, which was filed by Attorney General Ashley Moody in March. Gov. Ron DeSantis moved to sign it into law in May, saying it would deter human trafficking.
“Like other similar artists throughout the state, Bushey earned his living through his art while providing entertainment for the benefit and enjoyment of his audience,” the lawsuit states.
‘Plaintiffs have a clear legal right to engage in protected speech of this nature.’
The law, which is aimed at combating human trafficking, bans the hiring of people under 21 in jobs such as entertainers, cooks, DJs, waiters, security guards and contractors. Bushey says the law goes against the principles of the U.S. Constitution.
Officially called HB 7063, it was introduced by Attorney General Ashley Moody in March to combat sex trafficking currently occurring in the state.
Gov. Ron DeSantis signed the law into law in May, agreeing that it would deter human trafficking.
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,” though it is also decidedly vague and based on “inadequate or poor quality data.”
As for the Fourteenth Amendment defense, the plaintiffs said the law “unreasonably” allows adult establishments to admit patrons under 21 while excluding performers, allegedly violating the law requiring equal protection for all citizens.
In addition to Moody, the lawsuit 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 listing eight other fired Café Risque artists as plaintiffs.
None were named, but all fell within the three-year age gap affected by the new law, officially called HB 7063.
Café Risque and two other adult-use venues were also named as plaintiffs, who also maintain that the nature of their businesses constitutes artistic expression and that they have the legal right to perform and entertain the public.
On Tuesday, Bushey told Dailymail.com that was not the case, saying: “Not only does this take jobs and livelihoods away from me and other women my age, it also violates our constitutional right to free speech. This law has no evidence to support it as to why it was passed.”
Kylie Mason, communications director for Moody’s office, said they had not yet received the lawsuit as of Tuesday as it was moving through the proper channels.
However, he said the office would vehemently defend the new law.
For now, Bushey and thousands of others will have to find other forms of employment.