A federal appeals court has upheld a Florida law that prohibits children from attending drag shows. The decision, made in an 8-5 ruling on Tuesday, stated that the law is constitutional. Judge Andrew Brasher, appointed by President Donald Trump, wrote for the majority, asserting that the law is a regulation of obscenity aimed at protecting minors. Florida Governor Ron DeSantis expressed support for the law, stating it was necessary to protect children.
The law, known as the "Protection of Children Act" (SB 1438), includes penalties for venues that allow minors to attend performances deemed lewd, regardless of parental consent. Dissenting judges criticized the law as an overreach, with Judge Robin Rosenbaum describing it as having a chilling effect on free speech. She argued that it creates uncertainty for performers and venues, potentially leading to self-censorship.
Judge Nancy Abudu, also dissenting, emphasized the importance of legislative history in understanding the law's intent, noting that the motivations behind the law were anti-drag. The case originated when Hamburger Mary’s, a restaurant chain that hosted drag shows, sued the state, claiming the law violated free speech rights. The U.S. District Court initially granted an injunction against the law, but the state appealed, leading to the recent ruling by the 11th Circuit Court of Appeals.