Photo: NiroDesign / iStock / Getty Images
Leon County, FL - A federal appeals court has ruled that Florida may enforce a state law restricting minors from attending sexually explicit live performances, reversing a lower court order that had temporarily blocked enforcement of the measure.
The full 11th U.S. Circuit Court of Appeals vacated a preliminary injunction issued by a federal district court, allowing the state to implement the law while the underlying lawsuit continues.
The appeals court did not issue a final decision on the law's constitutionality but determined the lower court's statewide injunction should not remain in place during the litigation.
The law prohibits businesses from knowingly admitting children to live performances that are considered sexually explicit or otherwise inappropriate for minors under Florida law.
Although the legislation does not specifically reference drag performances, it has drawn national attention because of concerns raised about how it could be applied to certain events.
The legal challenge was filed by Hamburger Mary's, an Orlando restaurant known for hosting drag shows.
The business argued the law violates First Amendment protections and could restrict constitutionally protected expression.
State officials have maintained the law is intended to prevent children from attending adult oriented performances and does not prohibit lawful entertainment intended for general audiences.
Florida Attorney General James Uthmeier welcomed the appellate court's decision, saying it allows the state to continue enforcing the law while the case proceeds through the judicial system.
The ruling does not end the legal dispute.
The constitutional challenge will continue in federal court, where judges will ultimately decide whether the law complies with the First Amendment and other constitutional protections.
Until then, the state is permitted to enforce the restrictions outlined in the legislation.