Florida Appeals Court Rejects Stay on Law Banning Children from Drag Shows
A federal appeals court in Florida has rejected a request by Governor Ron DeSantis’ administration to place a partial stay on a ruling that blocked a law aimed at preventing children from attending drag shows. The 11th U.S. Circuit Court of Appeals issued a 2-1 decision to uphold the preliminary injunction issued by U.S. District Judge Gregory Presnell, which stated that the law was likely overbroad and unconstitutional under the First Amendment.
The law in question, known as the Protection of Children Act, would prohibit venues from admitting children to adult live performances. It defines adult live performances as shows or presentations that depict or simulate nudity, sexual conduct, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts. Violators of the law could have their licenses suspended or revoked, and people could face misdemeanor charges for knowingly admitting children to adult live performances.
The request for a partial stay of the injunction sought to limit its application solely to Hamburger Mary’s, the Orlando restaurant that filed the lawsuit. However, the appeals court majority determined that the injunction should extend to protect all Floridians due to the law’s facial unconstitutionality. The dissenting judge argued for a stay limited to only Hamburger Mary’s.
While the law does not explicitly mention drag shows, it was enacted after the DeSantis administration cracked down on venues where children attended such shows. The law’s passing coincided with a wave of bills in Florida and other Republican-led states that targeted LGBTQ-related issues.
Hamburger Mary’s, which had been hosting family-friendly drag shows for over 15 years, filed the lawsuit in May. The court’s preliminary injunction prevents the state Department of Business and Professional Regulation from enforcing the law until a trial on the merits of the case concludes.
The ruling by the appeals court only pertains to the request for a stay and does not resolve the state’s ongoing appeal of Judge Presnell’s decision. The case will continue to be litigated while the law remains blocked.
