A federal appeals court ruled 8-5 in favor of Florida’s anti-drag law on Tuesday, with the majority deciding the law does not violate the First Amendment.
The 11th Circuit Court of Appeals struck down a preliminary injunction imposed by a lower court, reasoning that “there is no doubt the Act is rational” and “is consistent with a legislative intent to target drag shows that are obscene for children, not drag shows writ large.”
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The decision follows the court’s announcement in December 2025 that it had struck down an appeals court panel’s earlier decision upholding the injunction and would hold a full-court hearing instead.
Orlando’s branch of Hamburger Mary’s, the iconic burger/drag show joint found in gayborhoods across America, sued the DeSantis administration over the law in 2023, claiming it deprived the establishment of its First Amendment rights. The restaurant said it was losing customers under the state’s new rules targeting drag shows.
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The ban, signed by Florida Gov. Ron DeSantis (R) on May 17, allows the state Department of Business and Professional Regulation to revoke the business licenses of any venues that allow minors to see drag performances (described in the bill as “adult live performance”) even if their parents consent, as well as issue $5,000 and $10,000 fines against the business. Anyone who violates the law can be charged with a criminal misdemeanor.
According to the suit, Hamburger Mary’s has lost 20% of its reservations for Sunday shows and other events since announcing that minors could no longer be in attendance when drag performers were present (a high percentage of wait staff regularly dress in drag, as well).
“The broad, sweeping nature of the statute, and the vagueness regarding what conduct is and is not prohibited, will have a chilling effect on the First Amendment rights of the citizens of Florida,” the lawsuit says.
It’s so broad, the restaurant’s representatives argued, that it could criminalize “even the most innocent drag performances,” and “reach into the private homes” of Floridians “to determine on behalf of parents what is and is not appropriate entertainment for their children.”
Dissenting Judge Robin Rosenbaum agreed, writing in response to the ruling, “Here’s the bottom line: the Act is a hammer. And under its vague language, law enforcement can treat lots of protected speech as nails. Its vague language purporting to address obscenity serves as an especially pernicious club to silence political speech.”
Florida’s anti-LGBTQ+ Attorney General James Uthmeier celebrated the appeals court ruling, calling it a “huge victory” to keep children from “attending sexualized drag shows.”
Huge victory for our team at the 11th Circuit! After 3 years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows.
Great work by Solicitor General Dave Dewhirst, who argued the case on the state’s behalf! pic.twitter.com/8QqgdNbDdG
— Attorney General James Uthmeier (@AGJamesUthmeier) August 4, 2026
Hamburger Mary’s attorney, Melissa Stewart, slammed the decision in a statement to the Tallahassee Democrat, saying the court “held that the State may target speech it dislikes and strip parents of their right to determine what is appropriate for their own children.”
“We believe that the First Amendment’s protections are more robust than that,” Stewart added. “This litigation is not over, and we will continue fighting to protect free speech in the state of Florida.”
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