The performers often bill themselves as “artists” and claim their “art” is protected by the Constitution.
But a panel on the 11th U.S. Circuit Court of Appeals says it’s just fine for a state to adopt a law that protects children from such “adult live performances.”
The issue is the obscene, lewd and sexual content often incorporated into drag shows, which often take place in venues to which children have had access.
No more, in Florida anyway.
Limiting access for those shows is “a straightforward regulation of obscenity,” declared Judge Andrew Brasher, authoring the majority opinion in a dispute over Florida’s “Protection of Children Act.”
That prevents children from being given access to those “adult live performances.”
The 8-5 panel ruling restored the law by vacating a statewide injunction issued by a lower court, and the case now goes back down for proceedings consistent with the circuit’s decision.
Brasher explained, “Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.”
Liberty Counsel, which had filed a friend-of-the-court brief in HM Florida-ORL v. Florida, that urged the court to restore the law because the state has a compelling interest in protecting children from obscenities.
Can Florida protect kids by prohibiting children from attending “adult live performances” like drag shows? Yes, per the full Eleventh Circuit. Judge Brasher writes for the majority reinstating the law. Big win for @JamesUthmeierFL, @david_dewhirst & kids in Florida! pic.twitter.com/WGmVB24QeV
— Eric W. (@EWess92) August 4, 2026
The case began in 2023 when a restaurant by the name of Hamburger Mary’s, which routinely holds such lewd events, sued the state over the cancelation of its “family friendly” drag events.
Restaurant officials claimed the weekend drag shows were targeted by a state law that was “vague” and based on a content speech restriction.
A lower court issued an injunction against the law, but the appeals court said the district held no such authority.
Brasher’s majority ruling said Hamburger Mary’s couldn’t establish that the law was “vague or “content-based.”
The law bans children in shows that depict nudity, sex, or lewd conduct.
It is consistent with longstanding obscenity laws, the ruling said.
“The Constitution protects speech, but not obscenity,” reads the opinion. “…it is difficult to imagine any sex-based performance that predominantly appeals to a prurient interest being suitable for a child of any age.”
Mat Staver, Liberty Counsel’s chief, explained, “The ruling by the full court of appeals reinforces the longstanding principles that children should be protected from obscenity. The appeals court rightly ruled that states have a compelling interest in protecting children from obscene content and doing so fits squarely within constitutional boundaries.
“Exposing children to lewd adult performances is not protected by the First Amendment, and Florida’s ‘Protection of Children Act” rightfully shields children from that obscenity. This decision shows that child-protection measures grounded in established obscenity doctrine does not infringe of the First Amendment’s free speech protections.”
