Drag performers and LGBTQ+ advocates received another major legal update this week after a federal appeals court ruled that Florida’s law restricting children from attending certain “adult live performances” can remain in effect while the underlying lawsuit continues. The decision, first reported by the Tallahassee Democrat, is significant, but it is not the final chapter in the case.
If you’ve lost track of where things stand, here’s a timeline of the legal battle so far.
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2023 – Florida Passes the Law
In 2023, Florida Governor Ron DeSantis signed legislation restricting minors from attending what the state defines as “adult live performances.”
Although the law never specifically mentions drag shows, critics quickly argued that it was designed to target drag performances. The state has maintained that the law is intended to prevent children from attending sexually explicit performances.
The law allows the state to take action against venues that admit children to performances involving depictions or simulations of nudity, sexual conduct, sexual excitement, lewd conduct, or the exposure of prosthetic or imitation genitals or breasts.
2023 – Hamburger Mary’s Files a Lawsuit
Soon after the law was passed, Hamburger Mary’s Orlando challenged it in federal court.
The restaurant argued that the law violated the First Amendment by restricting protected expression and that its wording was so vague that businesses could not reasonably determine which performances were allowed.
Critics also warned that the law’s broad language could discourage venues from hosting drag performances because operators might fear penalties even if they believed their shows were lawful.
2023 – A Federal Judge Blocks Enforcement
A federal district judge temporarily sided with Hamburger Mary’s by issuing a preliminary injunction.
The order prevented Florida from enforcing the law while the constitutional challenge moved through the courts, allowing drag venues and performers to continue operating under the previous legal landscape during that stage of the litigation.
2025 to 2026 – The Appeals Court Steps In
The legal landscape shifted when the 11th U.S. Circuit Court of Appeals lifted the preliminary injunction, allowing Florida to begin enforcing the law again while the lawsuit continued.
The full appeals court later agreed to hear arguments about whether the law violated the First Amendment, with oral arguments taking place in June.
August 4, 2026 – The Latest Ruling
On August 4, an 8-5 majority of the 11th Circuit ruled that Hamburger Mary’s had not demonstrated it was substantially likely to succeed in proving the law unconstitutional.
Writing for the majority, Judge Andrew Brasher said the law was consistent with targeting drag performances considered obscene for children, not drag performances as a whole.
Not every judge agreed.
In a strongly worded dissent, Judge Robin Rosenbaum argued that the law’s vague language could possibly kill protected speech by forcing performers and venues to guess whether a performance might trigger penalties.
What Happens Next?
Despite this latest ruling, the lawsuit is not over.
The case now returns to the federal district court in Orlando, where the broader constitutional challenge will continue.
For now, however, Florida may enforce the law while the litigation proceeds.
That distinction matters. The appeals court did not issue a final ruling ending the lawsuit. Instead, it decided that the law can remain in effect while the courts continue to examine whether it ultimately complies with the First Amendment.
For Florida’s drag performers, LGBTQ+ communities, and venues that host drag events, the legal questions surrounding the law are still not fully settled. This week’s ruling represents a significant victory for the state, but the broader constitutional challenge remains ongoing, meaning the story is far from over.