Florida Attorney General James Uthmeier’s office has requested a full rehearing by the 11th U.S. Circuit Court of Appeals regarding a 2023 state law aimed at restricting children’s attendance at drag shows.
This move comes after a three-judge panel last month upheld a preliminary injunction blocking the law, siding with Central Florida venue Hamburger Mary’s, which argued the law violated First Amendment rights.
The state’s petition for a rehearing argues the law, designed to “shield children from the harmful effects of obscene sexual performances,” is not unconstitutionally vague or overbroad.
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“Florida enacted the Protection of Children Act (the law) in 2023 to shield children from the harmful effects of obscene sexual performances,” the petition said. “The act penalizes admitting a child to an ‘adult live performance,’ which is a performance that features nudity or sexual activity and is obscene for a child of that age. This law is neither remarkable nor extreme. Fair readers will applaud its common-sense effort to protect kids.”
However, the May 13 majority opinion from the appeals panel stated the law “wields a shotgun when the First Amendment allows a scalpel at most” due to vague guidance on prohibited performances.
The law seeks to prevent venues from admitting children to “adult live performances” depicting or simulating nudity, sexual conduct, or “lewd conduct.”
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The legal battle continues as the appeals court also considers a separate case concerning restrictions that the city of Naples attempted to place on an upcoming LGBTQ+ Pridefest drag show.
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