11th Circuit Upholds Florida Ban on Children at Adult Shows

The 11th U.S. Circuit Court of Appeals ruled 8-5 that Florida may resume enforcement of the Protection of Children Act, a 2023 law that criminalizes admitting minors to adult live performances. The ruling vacates a preliminary injunction from a federal judge in Orlando who had previously blocked the law, finding it too vague and likely unconstitutional.

Writing for the majority, Judge Andrew Brasher described the statute as a "straightforward regulation of obscenity" designed to safeguard the well-being of minors. The law targets performances depicting nudity, sexual conduct, or lewd exposure that lack serious literary, artistic, political, or scientific value for children. While the text does not explicitly name drag shows, the court noted the legislative intent targets performances obscene for children. Violations can result in first-degree misdemeanor charges for individuals and fines or license loss for venues.

Five judges dissented, including Judge Robin Rosenbaum, who argued the law creates a "mess-around-and-find-out" environment that chills protected speech. The legal challenge was initiated by HM Florida-ORL, LLC, operator of Hamburger Mary's in Orlando, which argued the law violates the First Amendment. Attorney Melissa Stewart stated the law makes the queer community afraid to perform outside adult-only spaces.

Governor Ron DeSantis defended the measure, stating the protection of children "shouldn’t even be controversial." While the state can now enforce the law, the underlying lawsuit continues in an Orlando trial court, and attorneys for Hamburger Mary's intend to petition the U.S. Supreme Court.