ORLANDO, Fla. – A divided federal appeals court has ruled Florida can enforce the state’s Protection of Children Act— a law supported by Gov. Ron DeSantis that can keep minors out of certain live performances that the state says are sexually explicit.
Critics have argued the measure could be used to crack down on certain drag performances and chill free expression.
DeSantis responded to the news by saying the law is meant to protect children and “shouldn’t even be controversial,” but that Florida still had to fight lawsuits to defend it.
11th Circuit upholds Florida law that prohibits minors from establishments featuring sexually explicit performances.
— Ron DeSantis (@RonDeSantis) August 4, 2026
This shouldn’t even be controversial, yet our law protecting kids required us to fend off lawsuits and win a case before a divided appellate court. https://t.co/Kcve9dLjRs
What this means in plain terms
The court’s ruling removes a temporary block that had stopped Florida from enforcing the law statewide.
Bottom line: Florida regulators now have more ability to enforce the law again while the legal fight continues.
Why drag shows are part of this story
The lawsuit was filed by HM Florida-ORL, LLC, which operates Hamburger Mary’s in Orlando.
Hamburger Mary’s told the court the law’s wording was so broad and unclear it chilled constitutionally protected speech and forced changes to operations. In the appeals court’s summary of the record, the business said it:
- Offered drag performances, including a “family friendly” Sunday show where children were invited
- Announced in advance when shows were not suitable for children and barred children from those events
- Ultimately canceled family drag shows and barred minors from other shows after the law passed
Hamburger Mary’s also alleged business losses after changing its approach to minors attending performances.
That case was also brought after a Christmas-themed Orlando drag show in 2022 — described by state officials as being sexually explicit — reportedly had underage attendees, leading state officials to warn the venue.
[RELATED: Officials move to suspend Orlando venue’s liquor license after drag show attended by children]
What the law does (and doesn’t) say about drag
The Protection of Children Act does not specifically mention drag shows. Instead, it creates a criminal penalty for admitting minors to an “adult live performance,” a term Florida law defines.
According to the court, an “adult live performance” includes live performances depicting or simulating:
- Nudity
- Sexual conduct
- Sexual excitement
- Specific sexual activities (as defined under Florida law)
- Lewd conduct
- Lewd exposure of prosthetic or imitation genitals or breasts
The court also noted the statute is limited to performances meeting additional criteria, including standards tied to whether the material is:
- Predominantly appealing to prurient interest
- Patently offensive under statewide adult community standards as to what is suitable “for the age of the child present”
- Lacking serious literary, artistic, political, or scientific value for the age of the child present
Why the appeals court disagreed with the lower court (for now)
A federal judge had previously stopped Florida from enforcing the law against anyone in the state while the case moved forward.
But in the new ruling, the appeals court said that decision was too broad — and that, at this early stage, Hamburger Mary’s hasn’t shown it’s likely to win the case.
In other words, the appeals court said the law can be enforced again while the lawsuit keeps going.
Local context: Plaza Live case in Orlando
This legal fight has played out during wider state scrutiny of drag performances described as sexually explicit.
In a separate Orlando case, Plaza Live agreed to pay a $5,000 fine after state investigators found minors attended a Christmas-themed drag show that officials said included sexual simulations and prosthetics.
What venues may do next
For venues that host drag shows or other adult-themed performances, the ruling may mean:
- More age limits (18+)
- Clearer warning labels in advertising
- More ID checks at the door
- More caution about what minors are allowed to see
A divided full bench of the 11th U.S. Circuit Court of Appeals has cleared the way for Florida to enforce its Protection of Children Act — a law backed by Gov. Ron DeSantis that targets venues that “knowingly admit a child to an adult live performance.” Critics have argued the measure could be used to crack down on certain drag performances.
“This shouldn’t even be controversial,” DeSantis said in a statement after the ruling. “Yet our law protecting kids required us to fend off lawsuits and win a case before a divided appellate court.”
What the ruling changes
The decision vacates a preliminary injunction from a federal judge in the Middle District of Florida that had blocked statewide enforcement while the lawsuit played out.
In practical terms, the ruling means Florida officials are no longer barred (by that injunction) from enforcing the law against venues beyond the plaintiff in the case.