Federal Court Upholds Injunction Against Florida’s Drag-Show Ban
ATLANTA (AP) — A federal appeals court has ruled that an injunction preventing the enforcement of Florida’s drag-show ban will remain in effect, suggesting that the law raises significant constitutional concerns.
Court Decision Details
A three-judge panel from the 11th Circuit Court of Appeals voted 2-1 in favor of a preceding court’s ruling, which described the state law aimed at regulating drag performances as overly broad and vaguely articulated. The case will return to the Middle District of Florida, where a federal bench trial is expected to be scheduled.
Reactions from Stakeholders
Melissa Stewart, the attorney representing Hamburger Mary’s, a drag-themed casual dining establishment, expressed satisfaction with the court’s decision. She stated, “The Court’s opinion recognizes this law for what it is -– an egregiously unconstitutional attempt to censor the speech and expression of citizens.”
In contrast, Brian Wright, a spokesperson for the Florida governor’s office, criticized the ruling, labeling it an overreach: “No one has a constitutional right to perform sexual routines in front of little kids. We will do everything possible to have this lawless decision overturned.”
Background on Hamburger Mary’s and the Legislation
The Orlando location of Hamburger Mary’s, which filed the lawsuit in 2023, frequently hosted drag shows, including family-oriented performances on Sundays. Although the restaurant closed its downtown venue last year, plans are in motion to reopen in Kissimmee. The restaurant’s owners argue that the law infringes on First Amendment rights by stifling free speech.
Overview of the Controversial Law
Advocated by Republican Governor Ron DeSantis, the law seeks to penalize venues for permitting minors to attend what it designates as “adult live performances.” Although it does not explicitly mention drag shows, the legislation’s sponsor clarified its intent to target such performances. Venues in violation of the law would face fines, with potential consequences including the suspension or revocation of liquor licenses. Individuals could also be charged with misdemeanors.