By Ana Goñi-Lessan and Gray Rohrer, The News Service of Florida
A federal appeals court Tuesday determined Florida’s law banning children from drag shows is constitutional, tossing aside an earlier ruling that found it violated the First Amendment.
The ruling is a win for Gov. Ron DeSantis, who pushed for the measure in 2023, passing through the Legislature on party-line votes, with Republicans in favor and Democrats opposed.
A three-judge panel of the 11th U.S. Circuit Court of Appeals initially knocked the law down, but DeSantis appealed, asking for the full court to review the decision.
In an 8-5 ruling, the court found Hamburger Mary’s, an Orlando-area restaurant that frequently features drag performances and brought the lawsuit, “failed to establish a substantial likelihood of success on the merits.”
“This shouldn’t even be controversial, yet our law protecting kids required us to fend off lawsuits and win a case before a divided appellate court,” DeSantis posted on X.
The law defines “adult live performance” as a live show that “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities,” as defined under state law, as well as “lewd conduct” or the “lewd exposure of prosthetic or imitation genitals or breasts.”
Hamburger Mary’s argued the law was too broad and infringed on its First and Fourteenth Amendment rights, but the majority of the court disagreed.
“The Supreme Court of Florida’s definition of ‘lewd’ eliminates any overbreadth, and the use of the phrase ‘age of the child present’ does not render the Act unconstitutionally vague. Accordingly, we vacate the district court’s preliminary injunction in its entirety,” wrote Judge Andrew Brasher.
Brasher was appointed by President Donald Trump in 2020.
In response to the ruling, Qommittee, a national group formed in 2024 to support drag performers facing censorship and threats, updated its guide for Florida.
“Florida’s anti-drag law is in effect but drag is NOT banned in Florida. Even if your show is legal (and most are), you could be wrongfully targeted,” the guide states. “Don’t stop performing, but protect yourself.”
Republicans, though, declared victory.
“Governor Ron DeSantis and Republicans in the Florida Legislature stood firm from day one: the innocence of our children is not negotiable,” Republican Party of Florida Chairman Evan Power said in a released statement. He is also running for a U.S. House seat in a district in the Panhandle.
“Florida will continue to lead,” he added. “We will not apologize for putting kids first. The Florida GOP fully supports this law and every effort to keep sexually explicit material away from minors.”
Be the first to leave a comment on this article.