The Florida Department of Business and Professional Regulation (DBPR) opened an investigation into a Miami Restaurant and Bar Business for hosting a Drag Show and threatened to revoke the business licenses issued to that business entity at that location, including their liquor license. Read this story: https://www.tampabay.com/news/florida-politics/2022/08/09/legal-experts-question-florida-regulators-action-over-this-miami-bars-drag-shows.
Governor DeSantis has focused his attention on this case: https://www.youtube.com/watch?v=7Qdy6VBW0JYL
Assume that the DBPR finds that the Drag show is indecent and vulgar and otherwise in violation of Florida law as males are dressing up as females and making jokes about sexuality (but no exposure of male genitalia is going on). The DBPR made its final decision and now the business has exhausted all lower-level remedies and the business will lose its licenses and must be shut down. Other states also created similar regulations, which were all challenged in federal court.
1. What legal principles/arguments will use use to try to win this case for your client (the business)? Explain the legal basis for your arguments. Do independent research to try to form your legal argument based on legal principles and laws and cite any case precedent that will help you. ( Hint: Florida’s “Anti-Drag New Law” which outlawed such performances under certain conditions/environments and “enabled” the various Florida administrative agencies to enforce this new law with new regulations has been challenged in Federal Court in the summer of 2023 and other state’s similar new regulations were challenged in federal court—find out the status through your research of these federal cases)
2. Is the DBPR agency acting ethically when revoking the business license and liquor license for this business under these facts? Pick one of the below ethical theories assigned to the first letter of your last name (Ethical Egoism), explain it, then apply it to the facts of this case and conclude under it if it is moral/ethical what DBPR is doing. You will have to do some independent research on each of the below ethical theories online to learn about them and how they work.
The Florida Department of Business and Professional Regulation
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