A federal appeals court has ruled to uphold a Florida law that restricts minors from attending certain “adult live performances,” including drag, according to a report by the Tallahassee Democrat.
On Tuesday, Florida Attorney General James Uthmeier announced that the U.S. Court of Appeals for the 11th Circuit ruled in favor of the state in HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation.
“Huge victory for our team at the 11th Circuit!” Uthmeier wrote in a social media post. “After three years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows.”
Related: Appeals court deals another blow to Florida's anti-drag law
Huge victory for our team at the 11th Circuit! After 3 years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows.
Great work by Solicitor General Dave Dewhirst, who argued the case on the state’s behalf! pic.twitter.com/8QqgdNbDdG
— Attorney General James Uthmeier (@AGJamesUthmeier) August 4, 2026
The lawsuit was filed by the operator of Hamburger Mary’s Orlando, a restaurant and bar known for hosting drag performances. The venue sued shortly after the law took effect, arguing that the measure was too broad and unconstitutionally vague, and infringed on First Amendment rights. The restaurant had regularly hosted family-friendly drag brunches before the law was enacted.
The lawsuit challenged Florida’s Protection of Children Act, which prohibits allowing minors to attend adult live performances, including drag shows, that have been deemed harmful to their well-being. While the statute does not specifically mention drag shows, proponents of the law focused heavily on whether or not the state should allow kids to attend drag performances after its passage in 2023.
Opponents of the act have already begun voicing their opinions of the ruling online:
Related: Florida attorney general harasses wine bar for violating a drag ban that judges already blocked
Why can’t parents decide whether or not to bring their child to a drag show or drag story hour? Is this the small government Republicans talk about?
— Tooey (@sueric.bsky.social) August 4, 2026 at 9:19 AM
"Why can't parents decide whether or not to bring their child to a drag show or a drag story hour?" asked one person on Bluesky.
Another wrote, "Next they will arrest you for watching The Birdcage in Florida."
Next they will arrest you for watching The Birdcage in Florida
— Bill Virginia Beach (@billvabeach.bsky.social) August 4, 2026 at 9:16 AM














