A federal appeals court has lifted a long-standing injunction and let Florida begin enforcing its Protection of Children Act, enabling state officials to bar minors from attending adult live performances, including drag shows.
It's a victory for child safety advocates and state legal authorities.
Florida is now cleared to enforce a 2023 law designed to keep children from attending adult live performances following a decision by the U.S. Court of Appeals for the 11th Circuit that lifts a preliminary injunction that had blocked enforcement for more than two years.
The ruling allows state regulators and law enforcement to enforce the statute statewide while legal challenges continue.
Florida Attorney General James Uthmeier said the appeals court decision restores the state's ability to protect children.
"For two years, our law preventing children from attending sexually explicit drag shows was held up in court," Uthmeier posted Monday on X. "Starting today, the law is in effect thanks to a win on appeal by our office. If you're exposing children to lewd conduct, you're on notice."
The Protection of Children Act, passed by the Florida Legislature and signed into law in 2023, prohibits minors from being admitted to venues hosting "adult live performances," which the statute defines as shows that depict or simulate nudity, sexual conduct, sexual excitement, or lewd exposure in front of a live audience. Violations can carry fines and other penalties.
Until now, a preliminary injunction first issued by U.S. District Judge Gregory Presnell and upheld by a three-judge panel of the 11th Circuit had prevented enforcement of the law.
Opponents argued that the statute was vague and overbroad and likely violated the First Amendment, a view echoed by federal judges who described the law's language as lacking clear standards.
The recent appeals court action lifts that injunction for all venues except one. Hamburger Mary's, a restaurant and bar in Orlando that originally brought the constitutional challenge and sued Florida in 2023, remains shielded from enforcement as litigation continues.
The dispute over the law has drawn national attention as part of a broader legal conflict over how states may regulate access to sexually explicit material for minors.
Civil liberties groups and business owners have argued that the statute could suppress lawful expression and lacks precise definitions to distinguish permissible performances from those that genuinely pose a harm to children.
Supporters of the law, including Gov. Ron DeSantis, have framed the statute as a common-sense effort to safeguard families and protect children's innocence by keeping them away from adult content and environments where sexually explicit material is present.
The recent ruling follows broader shifts in federal court practices.
A recent U.S. Supreme Court decision limited the use of universal injunctions, a factor that influenced the 11th Circuit's decision to allow enforcement while the legal battle continues.
State officials said they will begin reviewing venues and events to ensure compliance with the Protection of Children Act.
Enforcement mechanisms include revoking business and liquor licenses for establishments that admit minors into prohibited performances and pursuing misdemeanor charges where applicable.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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