A federal appeals court has ruled that Florida can enforce a law restricting 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 First and Fourteenth Amendment challenge to the law, known as the Protection of Children Act. The court vacated a preliminary injunction that had blocked the law's enforcement and returned the case to the U.S. District Court for the Middle District of Florida for further proceedings.
Florida Attorney General James Uthmeier expressed approval of the ruling, stating it affirmed the constitutionality of the law. The law classifies an "adult live performance" as one that depicts nudity or sexual conduct and is deemed offensive for minors. Judge Andrew Brasher, writing for the majority, stated that the law is a regulation of obscenity aimed at protecting minors. The majority of judges rejected Hamburger Mary’s claims that the law was unconstitutionally vague or overly broad.
Dissenting judges raised concerns that the law could lead to uncertainty for venues regarding which performances are suitable for children, potentially chilling protected speech. The dissenters argued that the law could impose criminal penalties on businesses and affect their operations. The restaurant had previously hosted family-friendly drag performances but canceled them due to concerns about enforcement of the law. The case follows a history of litigation since the law's enactment in 2023.