11th Circuit upholds law banning minors from attending drag shows
Hamburger Mary’s Restaurant and Bar sued to stop Florida from enforcing a law that prohibits children from attending drag shows. The ban was upheld by the 11th U.S. Circuit Court of Appeals at Atlanta. (Photo from Shutterstock)
A federal appeals court on Tuesday ruled that Florida can enforce a law that prohibits children from attending drag shows.
In an 8-5 decision, the 11th U.S. Circuit Court of Appeals at Atlanta overturned a federal judge’s injunction that blocked state officials from enforcing the Protection of Children Act. A divided three-judge panel of the 11th Circuit last year upheld the injunction, but a majority of judges voted to vacate the decision in December and reheard the case en banc in June.
Courthouse News Service and Law360 have coverage of the decision.
The initial ruling to block the act came after Hamburger Mary’s Restaurant and Bar—an Orlando, Florida, business known for hosting family-friendly drag shows—sued to block enforcement of the law under the First Amendment and the 14th Amendment.
“We will not second-guess the Florida legislature’s decision to regulate obscenity,” wrote 11th Circuit Judge Andrew Brasher. “Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.”
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