Signed into Florida law by Gov. Ron DeSantis in 2023, the legislation aims to protect children from being exposed to sexually explicit performances in a public environment.

The Eleventh Circuit Court of Appeals ruled 8-5 in favor of upholding the alternatively named “drag ban” law despite drawing criticism from Democrats and LGBT groups. The case gained national attention regarding censorship, with those who objected to the law calling it unconstitutional.

Shutterstock
Credit: Shutterstock

Now that the law is considered constitutional, the State of Florida can enforce penalties upon businesses that do not comply through potential fines, loss of licenses, or criminal penalties.

The lawsuit originated from Orlando-based restaurant Hamburger Mary’s, which held regular drag performances, including what it referred to as family-friendly shows that invited children. Following the law’s passing, the restaurant had to bar children from all performances, fearing penalties from the state.

To view the lawsuit, click here.

Hamburger Mary’s argued that the law was “unconstitutionally vague”, “overbroad”, and a “content-based speech regulation,” bringing its lawsuit to the Eleventh Circuit Court of Appeals.

According to Florida Politics, Hamburger Mary’s closed its doors in 2024, citing a changing downtown Orlando environment as the reason why.

Now, venues hosting drag performances, or other adult-themed performances, will need to implement more restrictions. For example, more age limits, clear warning labels, and an increased ID check at the venue entrance.

DeSantis responded to the recent ruling on his X account, saying, “This shouldn’t even be controversial, yet our law protecting kids required us to fend off lawsuits and win a case before a divided appellate court.”