A federal appeals court ruled Tuesday that a Florida law banning children from attending drag shows was “substantially overbroad” and likely violated the First Amendment.
The 11th U.S. Circuit Court of Appeals upheld a preliminary injunction blocking the 2023 Florida law, SB 1438, aimed at keeping children out of drag shows.
The 2-1 decision comes as a victory for Hamburger Mary’s, a restaurant chain that held “family-friendly” drag shows. The Orlando franchise argued that nothing in their shows was inappropriate for children and that the “Protection of Children” bill violated the Constitution. The chain mounted a lawsuit against the state that resulted in a 2023 injunction blocking Florida from carrying out the law.
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The Sunshine State filed an appeal to lift the injunction but lost the
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