ORLANDO, Fla. — A ruling prohibiting the enforcement of a new Florida law targeting drag shows will remain in effect for now, according to a decision by a federal appeals court.
A panel of the 11th U.S. Circuit Court of Appeals on Wednesday upheld a lower court’s preliminary injunction against the law until a trial is held in Orlando, Florida to determine its constitutionality.
In their appeal, attorneys for the Florida Department of Business and Professional Regulation asked that the injunction only apply to the business that had challenged the law, claiming that the judge’s injunction “goes beyond Plaintiff to nonparties who may wish to expose children to live obscene performances in violation of the statute.”
However, a majority on the appeals court panel rejected that request, stating that the Florida agency failed to demonstrate that the lower court had made an error in prohibiting the enforcement of the law.
The law was challenged by the owner of a Hamburger Mary’s restaurant and bar in Orlando, which regularly hosts drag shows, including family-friendly performances on Sundays that are open to children. The restaurant owner argued that the law was overly broad, vaguely written, and violated First Amendment rights by suppressing speech.
The new law, supported by Republican Gov. Ron DeSantis, who is running for the 2024 GOP presidential nomination, imposed penalties on venues that allowed children to attend “adult live performances.” Although drag shows were not specifically mentioned, the sponsor of the legislation stated that it targeted such performances.
Venues that violated the law faced fines and the potential suspension or revocation of their liquor licenses. Individuals could also be charged with a misdemeanor offense.
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