politics & law•Thu, August 6, 2026•4 min read

Federal Appeals Court Upholds Florida Ban on Minors at 'Adult Live Performances'

A divided federal appeals court has declared Florida's law restricting minors from attending sexually explicit live performances to be constitutional. The ruling effectively reverses previous injunctions that had blocked the state from enforcing the measure.

A Major Legal Shift in Florida

A federal appeals court has handed Florida officials a significant victory in the ongoing legal battle over the state's restrictions on youth attendance at certain live events. In an 8-5 decision, the full bench of the 11th Circuit Court of Appeals ruled that the state’s law barring minors from “adult live performances”—often cited in the context of drag shows—is constitutional.

This decision marks a reversal of a lower court’s previous injunction, which had blocked the state from enforcing the law on First Amendment grounds. The appellate majority determined that the state has a clear interest in regulating what it classifies as obscene content for children.

Performers at a drag brunch in Miami Beach, Florida, in June 2026.

Defining the Scope of the Law

The legislation at the heart of the case, commonly referred to as the Protection of Children Act, prohibits businesses from knowingly admitting children to performances that meet specific criteria. For the law to apply, the performance must:

Writing for the majority, Judge Andrew Brasher characterized the law as a “straightforward regulation of obscenity.” The ruling emphasizes that the state possesses a rational interest in safeguarding the well-being of minors, distancing the regulation from broader concerns regarding the suppression of speech.

Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.
— Judge Andrew Brasher, 11th Circuit Court of Appeals

The Path to This Decision

The road to this ruling has been marked by three years of intense litigation. Following the law's passage in 2023, plaintiffs, including the establishment Hamburger Mary’s, sought an injunction against the state, arguing the law was overly vague and infringed upon free speech protections. U.S. District Judge Gregory Presnell initially granted that injunction, and a three-judge panel of the 11th Circuit had initially affirmed that decision last year.

However, the landscape shifted in December when the full bench of the 11th Circuit voted to vacate the panel's decision and rehear the case en banc. The final ruling reflects a deep divide within the court, with five dissenting judges arguing that the statute was designed to “chill” expression.

Key Takeaways

The 11th Circuit Court of Appeals ruled 8-5 that Florida's ban on minors at sexually explicit live performances is constitutional.
The ruling overturns a prior federal injunction that had blocked the state from enforcing the law.
The law specifically targets performances deemed obscene for children, rather than banning all drag performances.
Judge Andrew Brasher stated the law serves Florida's interest in protecting minors from material without artistic or scientific value for their age group.
The decision concludes three years of legal challenges following the act's 2023 passage.

FAQ

What does the new Florida law prohibit?

The law prohibits minors from attending 'adult live performances' that are deemed obscene for children, lacking serious artistic, political, or scientific value for their specific age group.

Did the appeals court strike down the law?

No. The 11th Circuit Court of Appeals ruled that the law is constitutional, effectively allowing the state to proceed with enforcement.

Why was the law challenged initially?

Plaintiffs, including some local businesses, argued that the law was unconstitutionally vague and violated free speech protections under the First Amendment.

How did the court justify the ruling?

The majority argued that the law is a 'straightforward regulation of obscenity' that is rationally related to the state's interest in protecting minors.