Federal appeals court clears way for DeSantis-backed law restricting children at some drag shows
A divided federal appeals court cleared the way for Florida to enforce a Gov.Ron DeSantis-backed law restricting children from certain sexually explicit live performances, including drag performances the state argues are obscene for minors.The full U.S.
Court of Appeals for the 11th Circuit ruled Tuesday 8-5 that Orlando restaurant Hamburger Mary’s had not shown it was likely to succeed in its First and Fourteenth Amendment challenge to Florida’s Protection of Children Act.The court vacated the preliminary injunction in full and sent the case back to the U.S.District Court for the Middle District of Florida for further proceedings.
The ruling clears the way for enforcement, though Hamburger Mary’s could still seek additional review.Florida Attorney General James Uthmeier celebrated the decision in a post on X.DESANTIS SHUTS DOWN FLORIDA SCHOOL'S 'DRAG & DONUTS' EVENT FEATURING DRAG QUEEN 'MOMMA' ASHLEY ROSE: REPORTFlorida AG James Uthmeier, center, touted Tuesday's decision in a post on X.(Rich Pope/Getty Images, File)"Huge victory for our team at the 11th Circuit! After 3 years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows," Uthmeier wrote.The law makes it a misdemeanor to "knowingly admit a child to an adult live performance," according to the court’s opinion.The law defines an "adult live performance" as a live show that "depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities ...
lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts" and that also predominantly appeals to a "prurient, shameful, or morbid interest," is "patently offensive" for the age of the child present and, taken as a whole, lacks serious literary, artistic, political or scientific value for that child's age.Writing for the court, Judge Andrew Brasher called the law "a straightforward regulation of obscenity.""Preventing children from at...