A federal appeals court has upheld Florida’s 2023 Protection of Children Act, which restricts minors from attending certain adult live performances, including drag shows. The U.S. Court of Appeals for the 11th Circuit ruled 8-5 in favor of the state in HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation, reversing lower court decisions that had previously struck down the law.
The ruling marks a significant legal victory for Florida officials, who argued the law protects minors from sexually explicit content. Florida Attorney General James Uthmeier celebrated the decision in a social media post, stating, “Huge victory for our team at the 11th Circuit! After three years of litigation, the full court affirmed the constitutionality of Florida's ban on children attending sexualized drag shows.”
Legal and Political Context
The law, passed in 2023, prohibits minors from attending live performances deemed harmful to their well-being, including those featuring nudity, sexual content, or lewd exposure of prosthetic or imitation genitals. While the statute does not explicitly mention drag shows, proponents of the law have emphasized restricting minors’ attendance at such performances. The Florida Legislature framed the measure as a necessary protection for children, with supporters arguing it aligns with existing obscenity laws.
Opposition and Legal Challenges
The lawsuit was filed by Hamburger Mary’s Orlando, a restaurant and bar known for hosting drag performances, including family-friendly drag brunches. The venue challenged the law as unconstitutionally vague and overly broad, arguing it infringed on First Amendment rights. A three-judge panel of the 11th Circuit had previously ruled the law unconstitutional in 2024, but the full court reversed that decision in the latest ruling.
Judicial Rationale
In the majority opinion, Circuit Judge Andrew Brasher, a Trump appointee, wrote that the law meets the rational basis review standard, meaning it only needs to be rationally related to a legitimate government interest. Brasher stated, “Because the Act is neither overbroad nor vague and regulates only material obscene for minors, it receives rational basis review. Under that standard, a law will be upheld ‘if there is any reasonably conceivable state of facts that could provide a rational basis’ for its enactment.”
Reactions and Broader Implications
The decision has drawn mixed reactions from advocacy groups and legal experts. Supporters of the law, including Florida officials, argue it safeguards children from inappropriate content. Opponents, including civil liberties organizations, contend the law unfairly targets drag performances and infringes on free expression rights. The ruling sets a precedent for similar laws in other states, with at least 10 other states considering or enacting comparable restrictions on minors attending drag shows.
Next Steps
The case may now proceed to the U.S. Supreme Court, though no immediate appeal has been announced. Legal analysts suggest the high court’s willingness to take up the case could hinge on broader questions about obscenity laws and minors’ access to adult entertainment. For now, the Florida law remains in effect, pending any further legal challenges.