Federal appeals court revives Florida law restricting minors from attending certain drag shows

A federal appeals court ruled 8–5 on Tuesday that Florida may enforce its 2023 Protection of Children Act, which prohibits minors from attending certain sexually explicit live performances, including some drag shows.

The ruling by the full, Atlanta=based U.S. Court of Appeals for the Eleventh Circuit vacates a district court’s statewide preliminary injunction that had blocked enforcement of the law.

The challenge was brought by HM Florida-ORL, LLC, which operates the Orlando restaurant Hamburger Mary’s. The restaurant argued that its family-friendly drag performances could be swept within the statute and that it would be forced to bar children from attending.

The Protection of Children Act makes it a misdemeanor to knowingly admit a minor to an “adult live performance.”

The statute defines such a performance as one that depicts nudity, sexual conduct, sexual excitement, specified sexual activities, lewd conduct, or the lewd exhibition of prosthetic or imitation genitals or breasts, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value for the age of the child present.

Writing for the majority, Judge Andrew Brasher concluded that Hamburger Mary’s failed to demonstrate a substantial likelihood of success on its claims that the statute is unconstitutionally vague or overbroad.

The court held that longstanding Florida Supreme Court precedent defining “lewd” provides sufficient guidance to satisfy the Constitution and that the law's age-specific standard does not render it impermissibly vague.

The court also held that the district court lacked authority to issue a universal injunction preventing enforcement of the law against nonparties throughout the state.

“We will not second-guess the Florida Legislature’s decision to regulate obscenity,” Judge Brasher wrote. “Preventing children from attending adult live performances obscene for them is rationally related to Florida's interest in safeguarding the well-being of minors.”

Five judges dissented. Judge Robin Rosenbaum, joined by four colleagues, argued that the statute was intended to target drag performances and remains unconstitutionally vague, creating a chilling effect on protected speech.

The ruling allows Florida to enforce the Protection of Children Act while the underlying litigation proceeds in the district court. It also overturns a 2025 decision by a three-judge panel that had allowed the preliminary injunction to remain in place.

© Just the News