Florida law targeting drag shows can't be enforced for now, appellate court say

Suit was brought against the law saying it was overbroad, written vaguely and violated First Amendment rights by chilling speech.

A ruling prohibiting the enforcement of a new Florida law targeting drag shows will stay in place for the time being, according to a federal appeals court decision.

A panel of the 11th U.S. Circuit Court of Appeals on Wednesday upheld a lower court’s granting of a preliminary injunction stopping the law from being enforced until a trial is held in Orlando, Florida to determine its constitutionality.

In their appeal, attorneys for the Florida Department of Business and Professional Regulation had asked that the injunction only apply to the business that had challenged the law, saying that the judge’s injunction “sweeps beyond Plaintiff to nonparties who may wish to expose children to live obscene performances in violation of the statute.”

But a majority on the appeals court panel ruled against that request, saying the Florida agency hadn’t shown that the lower court had erred by prohibiting the law’s enforcement.

The law was challenged by the owner of a Hamburger Mary’s restaurant and bar in Orlando, which regularly hosts drag shows, including family-friendly performances on Sundays that children were invited to attend. The restaurant owner said the law was overbroad, was written vaguely and violated First Amendment rights by chilling speech.

The new law championed by Republican Gov. Ron DeSantis, who is running for the 2024 GOP presidential nomination, punished venues for allowing children into “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.

Venues that violated the law faced fines and the possibility for their liquor licenses to be suspended or revoked. Individuals could be charged with a misdemeanor crime.

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Republished with permission from The Associated Press.

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9 comments

Michael K
October 12, 2023 at 4:49 pm

More overreach from a radical right wing governor creating crises, hate, division and headlines for his failing personal presidential campaign. Checks and balances in the system seem to be working, but the harm done to real people is inexcusable and deplorable. More setbacks to Ron’s overreach are on the horizon
- Julia
  October 12, 2023 at 5:39 pm
  
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PeterH
October 12, 2023 at 6:00 pm

Florida residents simply love watching Tallahassee spend their tax dollars on frivolous lawsuits that have no strategy to win!
Sonja Fitch
October 13, 2023 at 2:48 am

What the hell! Our childrens education standards are dropping! Our health care is going belly-up! Desantis and his MAGA buddies have time to waste on folks in costumes! Common Good or get out Desantis and your MAGA scum!
Sonja Fitch
October 13, 2023 at 2:50 am

Do not do a moderation of my message!!! Freedom of Speech!
Rick Whitaker
October 13, 2023 at 4:03 pm

has anyone ever figured out why desantis is so homophobic. he was in the navy, maybe he dropped the soap in the shower.
- Dr. Franklin Waters
  October 18, 2023 at 10:25 am
  
  The more homophobic somebody is, the more likely it is they have deeply repressed homosexual urges themselves. We’ve seen it time and time again where a very openly homophobic conservative is later revealed to be having a gay secret affair.
  
  I would assume that Ron DeSantis is deeply closeted gay man, who feels shame and embarrassment for some weird reason. So he compensates by being as hostile to his own LGBT community as a form of cover and to further hide themselves.
  
  People who are comfortable with themselves don’t worry about the lifestyles that others are living.
zodruma
October 16, 2023 at 3:04 pm

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Joe
October 18, 2023 at 1:25 pm

A poorly written and ill-conceived piece of legislation from the closets of Randy Fine and Clay Yarborough? I’m shocked, shocked!