Florida’s controversial law restricting minors from sexually explicit live performances has survived its biggest courtroom test yet, giving state officials a major win in a fight that has tangled child-protection claims with First Amendment rights.
The U.S. Court of Appeals for the 11th Circuit upheld the Protection of Children Act yesterday, according to Tampa Free Press. The ruling allows Florida to continue enforcing the statute statewide while cementing the law’s place in the state’s broader culture-war battles.
What Florida’s Law Prohibits
Under the statute posted by the Florida Senate, a person may not knowingly admit a child to an “adult live performance.” The law defines those performances using standards involving nudity, sexual conduct, lewd behavior and whether the material is unsuitable for the age of the child present.
A violation is a first-degree misdemeanor, and the law says ignorance of a child’s age or a child’s misrepresentation of age is not a defense. Florida’s Department of Business and Professional Regulation can also fine, suspend or revoke certain business and alcohol licenses when covered venues admit minors.
DeSantis Signed The Measure In 2023
Gov. Ron DeSantis signed the legislation in May 2023 as part of a package he described as protecting children from sexually explicit adult performances. The governor’s office said the measure also gave regulators authority to discipline hotels, restaurants and other licensed establishments that allow minors into prohibited shows.
Florida GOP Chairman Evan Power celebrated the appellate ruling, calling it “a major victory for Florida families and for common sense,” as reported by Tampa Free Press. Power said the Florida Republican Party supports the law and efforts to keep sexually explicit material away from minors.
Ruling Reverses Earlier 11th Circuit Direction
The decision marks a sharp turn from a May 2025 ruling by a three-judge 11th Circuit panel, which found the law likely unconstitutional on its face and upheld an injunction blocking enforcement. The panel said the statute’s definitions could reach performances that were not obscene and were protected by the First Amendment, according to the 11th Circuit opinion.
The case was later reheard by the full court, with the 11th Circuit listing en banc arguments for June 2, 2026, in the court’s case record. Tuesday’s ruling therefore resolves a legal fight that had left venues and state regulators operating under a shifting set of court orders.
Florida Had Already Begun Statewide Enforcement
The practical change may be narrower than the headline suggests. In a December 15, 2025, order, the appeals court stayed the lower court’s injunction pending the en banc rehearing, allowing enforcement throughout Florida except against the plaintiff in the case.
A compliance notice from the Florida licensing department warned businesses that the law was enforceable statewide and outlined possible criminal and licensing consequences. Tuesday’s merits ruling removes another layer of uncertainty for venues deciding whether minors can attend performances that regulators view as covered by the statute.
Hamburger Mary’s Lawsuit Put The Law On Trial
The challenge was brought by HM Florida-ORL, the Orlando entity associated with Hamburger Mary’s, whose performances helped place the law at the center of Florida’s drag-show debate. The law does not specifically mention drag shows, but the original 11th Circuit opinion noted that lawmakers focused heavily on drag performances when discussing the legislation.
Hoodline previously detailed the state’s effort to keep enforcing the measure while exempting Hamburger Mary’s lawsuit from the interim enforcement push. With the appellate court now siding with Florida, the dispute could move toward further review while venues across the state adjust to a law that is no longer merely hanging in the legal balance.
