Florida Enforces Law Preventing Minors from Attending Drag Shows

Florida has received judicial clearance to enforce its Protection of Children Act, which prohibits minors from attending drag shows deemed sexually explicit. This decision follows a ruling by the 11th U.S. Circuit Court of Appeals that lifted a lower court's injunction that had blocked the law's enforcement for nearly two years. Florida Attorney General James Uthmeier announced the ruling, emphasizing the state's commitment to safeguarding children from exposure to lewd conduct. “If you’re exposing children to lewd conduct, you’re on notice. We’re watching, Pensacola,” he stated.

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The Protection of Children Act, passed in 2023 and signed by Governor Ron DeSantis, aims to prevent minors from attending performances that depict nudity, sexual conduct, or lewd behavior. The law defines "adult live performance" as any show that appeals to a prurient interest and is offensive to community standards regarding what is suitable for children. The impetus for the law arose from incidents such as a Christmas-themed drag show in 2022 that allowed minors to attend, prompting investigations by the Florida Department of Business and Professional Regulation.

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The appeals court's decision allows Florida to enforce the law statewide, with the exception of Hamburger Mary’s, the venue that initially challenged the statute. This ruling aligns with a recent U.S. Supreme Court decision that limited the use of universal injunctions, thereby restoring Florida's authority to regulate adult entertainment and protect minors. The law also restricts local governments from issuing permits for events deemed inappropriate and enables the state to take disciplinary action against venues that violate these regulations.

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Supporters of the law, including conservative lawmakers, argue that it serves as a necessary safeguard for children, reflecting broader concerns about the normalization of sexualized content aimed at minors. Representative Doug Bankson articulated this sentiment during legislative debates, asserting the goal is to “let kids be kids.” Conversely, critics contend that the law is vague and may infringe upon free speech rights, raising concerns about its potential implications for artistic expression.

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Florida Attorney General James Uthmeier expressed satisfaction with the court's ruling, stating, “Starting today, the law is in effect thanks to a win on appeal by our office.” Governor Ron DeSantis has previously condemned performances that include adult themes in venues accessible to children, emphasizing the need for communities to maintain environments where children can enjoy their innocence.

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The ruling may have immediate consequences for upcoming events, such as “A Drag Queen Christmas” scheduled at a city-owned theater in Pensacola. Uthmeier has indicated that government entities hosting performances that mock Christianity or promote obscene material could face legal repercussions, reinforcing the law's intent to uphold community standards.

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• “Starting today, the law is in effect thanks to a win on appeal by our office. If you’re exposing children to lewd conduct, you’re on notice. We’re watching, Pensacola.” — James Uthmeier, Florida Attorney General

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• “We want to make sure — we want to make sure that we have a state and we have communities where kids can be kids,” — Ron DeSantis, Governor of Florida

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• “Let kids be kids” — Doug Bankson, Florida Representative

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