Court Upholds Florida Law Limiting Kids' Attendance at Drag Shows

WHO:

Fox News - Florida Attorney General James Uthmeier announced the ruling.

Fox News - Judge Andrew Brasher wrote the opinion for the court.

Fox News - Hamburger Mary’s, an Orlando restaurant, was involved in the case.

Fox News - Judges Kevin Newsom, Britt Grant, Robin Rosenbaum, and Nancy Abudu were also part of the court's decision.

WHAT:

Fox News - A divided federal appeals court ruled 8-5 that Florida's law restricting children from attending certain drag shows is constitutional.

Fox News - The law makes it a misdemeanor to "knowingly admit a child to an adult live performance."

Fox News - The court vacated a preliminary injunction and sent the case back to the U.S. District Court for the Middle District of Florida for further proceedings.

Fox News - The law defines "adult live performance" as shows depicting nudity, sexual conduct, or lewd conduct that appeal to a "prurient, shameful, or morbid interest."

WHERE:

Fox News - The case was heard in the U.S. Court of Appeals for the 11th Circuit and the U.S. District Court for the Middle District of Florida.

Fox News - Hamburger Mary’s is located in Orlando, Florida.

WHEN:

Fox News - The ruling was made on a Tuesday, with the court's decision being announced after three years of litigation.

WHY:

Fox News - The law aims to safeguard the well-being of minors by preventing them from attending performances deemed obscene for their age.

Fox News - The majority opinion stated that the law is rationally related to Florida's interest in protecting children.

HOW:

Fox News - The court's majority rejected Hamburger Mary’s arguments regarding the law's vagueness and overbreadth, affirming that the law's obscenity test must meet all three parts before a performance is prohibited.

(UPDATED August 5, 2026 18:29 UTC)

A divided federal appeals court has ruled eight to five that Florida's law restricting children from attending certain drag shows is constitutional, with the opinion written by Judge Andrew Brasher. The law, which makes it a misdemeanor to knowingly admit a child to an adult live performance, defines such performances as those depicting nudity or lewd conduct that appeal to a prurient interest. The court has vacated a preliminary injunction and sent the case back to the U.S. District Court for the Middle District of Florida for further proceedings, rejecting arguments from Hamburger Mary’s regarding the law's vagueness and overbreadth.