Florida court upholds law barring children from sexualised live performances

Summarised by Centrist

A US federal appeals court has upheld a Florida law preventing children from attending drag shows and other live performances considered sexually explicit or obscene for minors.

The full 13-judge court ruled 8–5 that the measure was a constitutional regulation of obscenity, rather than an unlawful restriction on free speech.

The Republican-backed law allows fines, criminal penalties and the loss of operating licences for venues that admit children to “lewd” performances, even with parental consent.

Judge Andrew Brasher said protecting children from adult performances was rationally connected to Florida’s responsibility to safeguard minors.

Florida Governor Ron DeSantis welcomed the decision, saying the policy “shouldn’t even be controversial”.

The case was brought by Hamburger Mary’s, a restaurant chain whose former Orlando venue hosted drag shows, including performances advertised as family-friendly.

A lower federal court had temporarily blocked the law, finding it likely violated the First Amendment, the US Constitution’s protection of free speech. A three-judge appeal panel initially agreed, but the entire appeals court reconsidered the case and reversed that decision.

Five judges dissented. Judge Robin Rosenbaum argued the law was so vague that performers and businesses could discover whether they had broken it only after risking arrest, fines or the loss of their licences.

Judge Nancy Abudu said statements from DeSantis and the law’s sponsor revealed an anti-drag motivation. She also cited an official analysis warning that uncertainty could cause venues to cancel otherwise lawful performances.

The ruling turns on two competing claims: whether Florida is protecting children from obscenity or using an ambiguously worded law to discourage constitutionally protected expression.

Read more at The Florida Phoenix