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FLORIDA - A federal court has halted a Florida law designed to prevent children from attending certain live performances, ruling that the legislation likely violates the First Amendment due to its vague and overly broad language.
The 11th U.S. Circuit Court of Appeals, in a 2-1 decision, upheld a preliminary injunction against the 2023 law known as the “Protection of Children” Act.
The law, passed by Florida lawmakers and backed by Governor Ron DeSantis, allows state regulators to penalize venues for admitting minors to shows that depict or simulate nudity, sexual conduct, or “lewd behavior.”
While drag performances are not mentioned by name, the law followed enforcement actions against venues hosting such events with minors present.
The lawsuit was brought by Hamburger Mary’s, a Central Florida restaurant known for drag performances, including family-friendly shows.
The business argued the law’s wording was too vague, forcing it to cancel events and suffer financial harm.
In the majority opinion, Judges Robin Rosenbaum and Nancy Abudu wrote that the law lacked the clarity required to regulate speech and could lead to unconstitutional censorship.
Judge Gerald Tjoflat dissented, claiming the court should have first asked the Florida Supreme Court to interpret the law’s meaning before deciding on its constitutionality.
Despite Hamburger Mary’s relocating to Kissimmee after filing the lawsuit, the court determined the case remains valid.
Florida officials have not filed criminal charges under the law and continue to defend it as necessary to shield minors from inappropriate material.
The legal battle is ongoing.