ATLANTA (AP) — An injunction barring the enforcement of Florida’s drag-show ban will stay in impact after a federal appeals courtroom dominated Tuesday that the legislation is probably going unconstitutional.
A 3-judge panel for the eleventh Circuit Courtroom of Appeals voted 2-1 to again a decrease courtroom determination that described Florida’s legislation, purportedly aimed toward defending youngsters from drag exhibits, as overly broad and vaguely written. The case now returns to the Center District of Florida, the place a federal bench trial may be scheduled.
Lawyer Melissa Stewart, who’s representing Hamburger Mary’s, a drag-themed casual-dining restaurant, stated they’re thrilled the First Modification rights of Floridians will stay protected because the case continues.
“The Courtroom’s opinion acknowledges this legislation for what it’s -– an egregiously unconstitutional try to censor the speech and expression of residents,” Stewart stated.
Brian Wright, a spokesman for the Florida governor’s workplace, known as the ruling an overreach by a federal courtroom.
“Nobody has a constitutional proper to carry out sexual routines in entrance of little children,” Wright stated. “We’ll do every part attainable to have this lawless determination overturned.”
The Hamburger Mary’s in Orlando, which filed the lawsuit in 2023, often hosted drag exhibits, together with family-friendly performances on Sundays that youngsters had been invited to attend. The restaurant closed its downtown location final yr however plans to reopen at a brand new spot in close by Kissimmee. The restaurant’s proprietor has stated the Florida legislation violated First Modification rights by chilling speech.
Championed by Republican Gov. Ron DeSantis, the legislation seeks to punish venues for permitting youngsters into what it known as “grownup reside performances.” Although it didn’t point out drag exhibits particularly, the sponsor of the laws stated it was aimed toward these performances.
Venues that violated the legislation confronted fines and the likelihood that their liquor licenses may very well be suspended or revoked. People may very well be charged with a misdemeanor crime.
