Appeals court upholds Florida ban on children at drag shows

State Watch Appeals court upholds Florida ban on children at drag shows Comments: by Finya Swai - 08/06/26 11:03 AM ET Comments: Link copied by Finya Swai - 08/06/26 11:03 AM ET Comments: Link copied

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A federal appeals court on Tuesday upheld a Florida law banning children from attending drag shows, ruling the state can enforce the measure after a lower court blocked its enforcement on First Amendment grounds.

In an 8-5 ruling, the full U.S. Court of Appeals for the 11th Circuit reversed a preliminary injunction that prevented Florida from enforcing the 2023 law, concluding the state is likely to prevail against claims that the measure violates the Constitution.

The Protection of Children Act, signed by Florida Gov. Ron DeSantis (R), authorizes fines and criminal penalties for venues that admit children to drag shows and other live adult performances, even if a parent or guardian consents.

“The act is a straight forward regulation of obscenity,” Judge Andrew Brasher, an appointee of President Trump, wrote in the majority opinion. “Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.”

DeSantis had appealed an initial ruling made by a three-judge panel of the U.S. Circuit Court of Appeals that struck down the law, and he sought for the full court to review the ruling.

The decision marks a major win for DeSantis, who has pushed for the legislation as part of his broader effort to restrict children’s exposure to sexually explicit material.

“This shouldn’t even be controversial, yet our law protecting kids required us to fend off lawsuits and win a case before a divided appellate court,” DeSantis wrote on the social platform X.

The legal challenge was brought by Hamburger Mary’s, a restaurant chain known for hosting drag performances. Its Orlando location, which closed in 2024, regularly held drag show brunches and other shows marketed as family friendly.

The company sued after the Florida Legislature passed the 2023 law, arguing the statute was so overly broad and vague that it prevented businesses from being able to determine what performances were prohibited, forcing them to cancel constitutionally protected events.

A federal district judge agreed and issued a preliminary injunction blocking the state from enforcing the law, and a three-judge panel of the 11th Circuit later upheld the ruling.

The DeSantis administration had also appealed to the U.S. Supreme Court, which declined to reconsider the case in a 6-3 ruling, with conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissenting.

But the full appeals court agreed to reconsider the case. In Tuesday’s decision, the majority said the lower court had incorrectly concluded that the law likely violated the First Amendment.

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