A three-judge panel for the 11th Circuit Court of Appeals voted 2-1 to back a lower court decision that described Florida's law, purportedly aimed at protecting children from drag shows, as overly broad and vaguely written. The case now returns to the Middle District of Florida, where a federal bench trial can be scheduled.
Brian Wright, a spokesman for the Florida governor's office, called the ruling an overreach by a federal court.
“No one has a constitutional right to perform sexual routines in front of little kids,” Wright said. “We will do everything possible to have this lawless decision overturned.”
The Hamburger Mary’s in Orlando, which filed the lawsuit in 2023, regularly hosted drag shows, including performances on Sundays that children were invited to attend. The restaurant closed its downtown location last year but plans to reopen at a new spot in nearby Kissimmee.
Championed by Republican Gov. Ron DeSantis, the law seeks to punish venues for allowing children into what it called “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.
Venues that violated the law faced fines and the possibility that their liquor licenses could be suspended or revoked. Individuals could be charged with a misdemeanor crime.
