The 11th U.S. Circuit Court of Appeals has upheld Florida's law banning children from sexually explicit drag shows and other adult live performances, striking down a lower court order that had suspended enforcement for two years.
The ruling means Florida can now enforce the measure statewide. The law targets performances deemed inappropriate for minors, restricting children's access to certain types of public entertainment.
The legal battle has spanned three years, with the state pushing to implement the restrictions while opponents argued the law violated the First Amendment. A federal judge had previously blocked enforcement, citing concerns that the law's language was too vague to give performers fair notice of what was prohibited. Opponents argued the statute wielded a shotgun where the First Amendment allows a scalpel at most.
Florida Gov. Ron DeSantis championed the law as a measure to protect children. DeSantis said the state would "PROTECT" children, referencing its intent behind the legislation.
The appeals court's reversal of the preliminary injunction allows the state to proceed with its original legislative intent.
Venues that host drag shows and performers who stage them now face direct enforcement. The legal challenge had centered on First Amendment concerns about freedom of expression; the appeals court ruled the state's interest in protecting minors takes precedence in this context.
