Florida’s Protection of Children Act, also known as “the drag show ban,” was championed by Republican Gov. Ron DeSantis. It sought 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.
The law was challenged in 2023 by the Hamburger Mary’s restaurant in Orlando which regularly hosted drag shows, including family-friendly performances. The restaurant claimed the Florida law violated First Amendment rights by chilling speech.
In May, a three-judge panel for the 11th Circuit Court of Appeals voted 2-1 to back a lower court’s preliminary injunction that described Florida’s law as overly broad and vaguely written. The case now returns to the Middle District of Florida for trial.
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