Federal appeals court set to hear argument in Florida law banning children from drag shows

TALLAHASSEE, Fla. — A federal appeals court will hear arguments next week about Florida’s 2023 law that aims to prevent children from attending drag shows.

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The 11th U.S. Circuit Court of Appeals will review the case on October 9 in Jacksonville. This follows a ruling by U.S. District Judge Gregory Presnell, who blocked the law last year, stating it violated First Amendment rights. The law, challenged by Hamburger Mary’s, an Orlando restaurant known for its drag shows, was deemed too broad and not sufficiently tailored to First Amendment standards.

The legislation dubbed the “Protection of Children Act,” seeks to prevent children from attending adult live performances, which it defines as “shows depicting nudity or sexual conduct.”

Critics argue the law targets drag shows specifically, despite not mentioning them by name. Florida officials, including Governor Ron DeSantis, have supported the law, but its enforcement remains paused during the ongoing legal battle.

Venues that violate the law could face fines, loss of liquor licenses, or misdemeanor charges. The law’s opponents, including Hamburger Mary’s, argue that it infringes on free speech and could broadly impact performances across the state.

The Supreme Court previously refused Florida’s request to enforce the law while appeals were ongoing.

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