Hamburger Mary's Orlando hosts drag shows and filed a lawsuit challenging the Florida law.
Published on August 7, 2026 at 10:01 am
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A federal appeals court says Florida can enforce its 2023 law restricting children from attending certain adult live performances, including some drag shows.
“Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors,” wrote the 11th U.S. Circuit Court of Appeals in an 8-5 ruling.
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A federal judge in Orlando had initially issued a preliminary injunction temporarily blocking enforcement of the law, saying it was too vague, too broad and likely unconstitutional. A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld that injunction.
But the state asked for a rehearing before the full 11th Circuit, leading to Tuesday’s decision overturning the enforcement ban.
The 2023 bill never actually mentions drag shows. But the target of the bill hasn’t been hidden by the GOP leaders supporting the measure.
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“Huge victory for our team at the 11th Circuit!” wrote Florida Attorney General James Uthmeier in a social media post. “After 3 years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows.”
RELATED: Judge blocks ‘drag show’ law sponsored by Jacksonville lawmaker
The measure says the minor ban applies to attendance of an “adult live performance,” which has a definition that includes a show that depicts certain sexual conduct and “lewd exposure” that appeal to a “prurient interest,” are offensive for the age of the child present and lack serious literary, artistic, political or scientific value for that child.
Hamburger Mary’s, a Central Florida restaurant that offers drag shows, sued the state over the law. It alleged the measure violated the First Amendment because it chills speech and is unconstitutionally vague and overbroad.
“There’s no way under this law for a restaurant to be absolutely sure that they are complying with the statute,” said Melissa Stewart, an attorney representing the restaurant.
Violations can be met with criminal penalties and fines.
“The state of Florida does not have to prosecute a single person under this statute, and this law will still have its intended effect, which is to make the queer community afraid to speak, to perform, to engage with the larger community outside of adult-only spaces with blacked-out windows,” Stewart said. “That is what they are trying to return us to.”
Stewart said her team plans to ask the U.S. Supreme Court to hear the case. The appeals court’s decision doesn’t end the lawsuit, which continues in federal court in Orlando.
If you have any questions about state government or the legislative process, you can ask the Your Florida team by clicking here.
This story was produced by WUSF as part of a statewide journalism initiative funded by the Corporation for Public Broadcasting.
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