Federal appeals court continues to block Florida’s drag-show ban as likely unconstitutional

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ATLANTA (AP) — An injunction barring the enforcement of Florida's drag-show ban will remain in effect after a federal appeals court ruled Tuesday that the law is likely unconstitutional.

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.

Attorney Melissa Stewart, who is representing Hamburger Mary’s, a drag-themed casual-dining restaurant, said they're thrilled the First Amendment rights of Floridians will remain protected as the case continues.

“The Court’s opinion recognizes this law for what it is -– an egregiously unconstitutional attempt to censor the speech and expression of citizens,” Stewart said.

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 family-friendly 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. The restaurant’s owner has said the Florida law violated First Amendment rights by chilling speech.

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.