Florida law restricting minors at drag shows upheld by appeals court

The U.S. Court of Appeals for the Eleventh Circuit has upheld Florida’s Protection of Children Act, a law that restricts minors from attending adult live performances, including drag shows. In an 8-5 en banc decision, the court ruled that the 2023 statute does not violate the First or Fourteenth Amendments, finding it is not unconstitutionally vague or overbroad.

The law makes it a misdemeanor for businesses to knowingly admit minors to performances that depict or simulate nudity, sexual conduct, lewd behavior, or sexual excitement. Supporters of the law, including Governor Ron DeSantis and the Christian Family Coalition of Florida, argue the measure is necessary to protect children from sexually explicit content.

The ruling follows a legal challenge from Hamburger Mary’s, an Orlando-based restaurant, which argued the law’s language was too broad and infringed upon free speech rights. The court, however, determined the statute is rationally related to the state’s interest in protecting minors.