ATLANTA, GA — A federal appeals court on Tuesday upheld an injunction blocking Florida from enforcing its drag-show ban, ruling that the law likely violates the First Amendment. The 11th Circuit Court of Appeals voted 2-1 to affirm a lower court’s decision that described the law as overly broad and vague.
The case, now returning to the Middle District of Florida for trial, stems from a lawsuit filed by Hamburger Mary’s, an Orlando restaurant known for drag-themed dining and family-friendly performances. The restaurant argued the law infringed on freedom of expression and unfairly targeted drag entertainers.
Attorney Melissa Stewart, representing Hamburger Mary’s, praised the decision. “The Court’s opinion recognizes this law for what it is — an egregiously unconstitutional attempt to censor speech and expression,” she said.
The legislation, championed by Republican Gov. Ron DeSantis, allows the state to penalize venues that permit minors at “adult live performances.” Violations could lead to fines, suspended liquor licenses, or misdemeanor charges.
A spokesperson for DeSantis, Brian Wright, criticized the ruling as judicial overreach, saying, “No one has a constitutional right to perform sexual routines in front of little kids.”
The restaurant plans to reopen soon in Kissimmee as the legal battle continues.
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