11th Circuit Revives Florida Child Drag-Show Ban in 8-5 Ruling

3 articles · Updated · Fox News · Aug 5

An 8-5 full 11th Circuit ruling vacated a preliminary injunction and let Florida enforce its 2023 Protection of Children Act while Hamburger Mary’s challenge returns to district court.
Judge Andrew Brasher said the measure is a straightforward obscenity regulation for minors, and the majority found the restaurant was unlikely to win its First and Fourteenth Amendment claims.
The law makes it a misdemeanor to admit a child to an adult live performance deemed obscene for that child, using a three-part test tied to prurient appeal, patent offensiveness and lack of serious value.
Five dissenting judges warned the age-variable standard and terms like “lewd” could chill protected speech by forcing venues to guess what is allowed under threat of jail, fines or license loss.
Hamburger Mary’s sued in 2023 after canceling family-friendly drag shows; a district judge and an earlier 11th Circuit panel had blocked enforcement before the full court reversed course.