Florida’s ban on drag shows ruled likely unconstitutional by federal appeals court

ATLANTA – The ban on drag shows in Florida will continue to be prohibited from enforcement as a federal appeals court concluded that the law is likely unconstitutional.

In a 2-1 vote, a three-judge panel at the 11th Circuit Court of Appeals supported a previous ruling that criticized Florida’s law for being too broadly written and lacking clarity, despite its intended purpose of safeguarding children from drag performances. The matter will now be sent back to the Middle District of Florida, where a federal bench trial can be arranged.

Melissa Stewart, the attorney for Hamburger Mary’s, a restaurant with a drag theme, expressed satisfaction that the constitutional rights of Floridians under the First Amendment will continue to be upheld throughout the ongoing legal proceedings.

“The Court’s opinion recognizes this law for what it is -– an egregiously unconstitutional attempt to censor the speech and expression of citizens,” Stewart said.

Brian Wright, a spokesman for the Florida governor’s office, called the ruling an overreach by a federal court.

“No one has a constitutional right to perform sexual routines in front of little kids,” Wright said. “We will do everything possible to have this lawless decision overturned.”

The Hamburger Mary’s in Orlando, which filed the lawsuit in 2023, regularly hosted drag shows, including family-friendly performances on Sundays that children were invited to attend. The restaurant closed its downtown location last year but plans to reopen at a new spot in nearby Kissimmee. The restaurant’s owner has said the Florida law violated First Amendment rights by chilling speech.

Championed by Republican Gov. Ron DeSantis, the law seeks to punish venues for allowing children into what it called “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.

Venues that violated the law faced fines and the possibility that their liquor licenses could be suspended or revoked. Individuals could be charged with a misdemeanor crime.