Florida
Federal Appeals Court Upholds Florida Law Protecting Children from Adult Live Performances
A federal appeals court has upheld a Florida law banning children from attending drag shows, a measure put in place with the support of Gov. Ron DeSantis. In an 8-5 opinion handed down Tuesday, the majority ruled the law was…
About Florida Protection of Children Act
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Key points
- The 11th Circuit Court of Appeals voted 8-5 to uphold Florida’s 2023 Protection of Children Act.
- The law penalizes commercial venues that allow minors into adult performances deemed obscene for children.
- The ruling reverses a prior federal injunction, enabling Florida officials to enforce the statute statewide.
Federal Appeals Court Rules Florida Can Protect Minors from Adult Performances
NewsWK — According to a report first published by Florida Phoenix, a federal appeals court has upheld a Florida law restricting children from attending adult live performances deemed obscene for minors.
The full U.S. Court of Appeals for the 11th Circuit ruled 8-5 to reverse a lower court injunction that had temporarily blocked state officials from enforcing Senate Bill 1438, known as the Protection of Children Act. Passed by the Florida Legislature in 2023, the law subjects commercial venues to fines, license revocation, and criminal charges if they expose minors to adult or lewd entertainment.
Writing for the majority in the decision, Judge Andrew Brasher stated that the state holds a legitimate authority to shield youth from adult-themed material. “The act is a straight forward regulation of obscenity,” Brasher wrote in the opinion cited by Florida Phoenix. “Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.”
Florida Gov. Ron DeSantis publicly welcomed the ruling, stating on social media that the measure protects children and should not have required an extended court battle to defend.
The legal contest stems from a lawsuit filed by the parent company of Hamburger Mary’s, a restaurant chain that previously held adult drag performances at its Florida locations. The business argued that the statutory terms were vague and unconstitutionally restricted free speech. U.S. District Judge Gregory Presnell originally issued a preliminary injunction stopping statewide enforcement, a decision that was later reconsidered when the full 11th Circuit panel agreed to hear the case en banc.
Dissenting judges raised concerns over potential self-censorship by business owners. As reported by Florida Phoenix, Judge Robin Rosenbaum wrote in her dissent that the law wielded a “Titanic-sized iceberg of chilling power” over venue operators who might hesitate to host shows out of regulatory fear.
The majority ruling resolves the preliminary injunction, granting Florida authorities the legal standing to enforce public child protection standards across commercial venues statewide, including throughout Northwest Florida and Escambia County.
This article was produced with the assistance of AI and reviewed by our editorial team.
Based on reporting by Christine Sexton originally published by Florida Phoenix. Read the original story.
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