Federal Appeals Court Allows Enforcement of Florida Law Restricting Children at Certain Drag Shows

A federal appeals court has ruled to allow Florida to enforce a law that restricts children from attending certain live performances deemed sexually explicit, including drag shows. The U.S. Court of Appeals for the 11th Circuit ruled 8-5 that Hamburger Mary’s, an Orlando restaurant, did not demonstrate a likelihood of success in its challenge against the law, known as the Protection of Children Act. The court vacated a preliminary injunction that had previously blocked the law's enforcement and sent the case back to the U.S. District Court for further proceedings. Florida Attorney General James Uthmeier expressed support for the ruling, stating it affirmed the constitutionality of the law after three years of litigation. The law classifies an 'adult live performance' as one that depicts or simulates nudity or sexual conduct and is considered offensive for minors. The majority opinion stated that preventing children from attending such performances is rationally related to the state's interest in protecting minors. The dissenting judges raised concerns about the law's vagueness and its potential to chill protected speech. Hamburger Mary’s filed the lawsuit in 2023 after the law was enacted, citing fears of enforcement that led to the cancellation of family-friendly drag shows.