11th Circuit Upholds Florida Drag Show Ban
Analysis based on 22 articles · First reported Aug 04, 2026 · Last updated Aug 07, 2026
The ruling allows United States — Florida to enforce fines, license revocations, and criminal penalties against venues that expose minors to lewd performances, potentially increasing compliance costs for restaurants and entertainment venues in United States — Florida. It may also influence similar laws in other states and affect the operations of drag performance venues and LGBTQ+ oriented businesses.
On August 4, 2026, the full U.S. Court of Appeals for the Eleventh Circuit, in an 8-5 en banc decision, upheld United States — Florida's Protection of Children Act, which restricts minors from attending adult live performances deemed obscene for them, including many drag shows. The court vacated a lower court's preliminary injunction that had blocked enforcement of the law. The majority, led by Judge Andrew L. Brasher, held that the law is a rational regulation of obscenity and does not violate the First Amendment. Dissenting judges, including Robin S. Rosenbaum and Nancy Abudu, argued the law is unconstitutionally vague and chills protected speech. The ruling is a victory for Governor Ron DeSantis and United States — Florida Attorney General James Uthmeier, who had defended the law. Hamburger Mary s, the restaurant that challenged the law, may appeal to the United States — Supreme Court of the United States.
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