A federal appeals court on Tuesday upheld a Florida law banning children from attending drag shows.
In an 8-5 decision, the U.S. Court of Appeals for the 11th Circuit ruled that Florida’s Protection of Children Act, which bans children from sexually explicit programming, does not violate the First and 14th Amendments of the U.S. Constitution.
According to the Tampa Bay Times, an Orlando-based restaurant that hosts drag events sued after the passage of the law in 2023, claiming the language was too ambiguous.
“After three years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows,” Florida Attorney General James Uthmeier said, according to Florida’s Voice.
Federal appeals court upholds Florida's law restricting children from attending sexualized adult performances. @AGJamesUthmeier: “After three years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows.”…
— Florida’s Voice (@FLVoiceNews) August 5, 2026
More from the Tampa Bay Times:
The law makes exposing children to adult live performances a misdemeanor, with penalties like jail time, a $10,000 fine and the loss of a business license. It defines “adult live performance” as a live show that “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities” as defined under state law, as well as “lewd conduct” or the “lewd exposure of prosthetic or imitation genitals or breasts.”
The federal appeals court initially affirmed a lower court’s decision to block the law, but reversed its decision in a divided 8-5 vote.
“The Constitution protects speech, but not obscenity,” U.S. Circuit Judge Andrew L. Brasher’s opinion said.
But in her dissent, U.S. Circuit Judge Robin Rosenbaum wrote that the Constitution is “supposed to prevent citizens from bearing the burden of unclear (and here, undefinable) limitations on speech.”
“A constitutionally vague law that applies to speech and live performances and carries serious consequences for violations can be very effective at chilling even protected speech,” she said, “especially protected speech that Florida does not like.”
The federal appeals court said the DeSantis-backed law is likely constitutional, calling it “a straightforward regulation of obscenity” designed to protect minors.
“The decision lifts a lower court injunction that had blocked enforcement,” Fox News noted.
Florida can once again enforce its law restricting children from attending certain sexually explicit live performances, including drag shows.
A federal appeals court rules the DeSantis-backed law is likely constitutional, calling it "a straightforward regulation of obscenity"… pic.twitter.com/Gm4EK2cxwG
— Fox News (@FoxNews) August 5, 2026
The Hill shared further:
DeSantis had appealed an initial ruling made by a three-judge panel of the U.S. Circuit Court of Appeals that struck down the law, and he sought for the full court to review the ruling.
The decision marks a major win for DeSantis, who has pushed for the legislation as part of his broader effort to restrict children’s exposure to sexually explicit material.
ADVERTISEMENT“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,” DeSantis wrote on the social platform X.
The legal challenge was brought by Hamburger Mary’s, a restaurant chain known for hosting drag performances. Its Orlando location, which closed in 2024, regularly held drag show brunches and other shows marketed as family friendly.
