Federal Appeals Court Rules on Florida Law

In Atlanta, a federal appeals court has decided that an injunction against a Florida law, which is likely unconstitutional, will remain in force. This ruling came through on Tuesday, suggesting that the law may have significant legal issues.

The 11th Circuit Court of Appeals, comprising a three-judge panel, voted 2-1 in favor of upholding a lower court’s decision regarding the interpretation of the Florida law.

This case is expected to return to the Central District of Florida for a federal bench trial.

Attorney Melissa Stewart, representing Hamburger Mary’s restaurant—which is known for its lively drag-themed atmosphere—expressed enthusiasm about the ongoing protections for the rights of Floridians. “The court’s opinion recognizes this law for what it is: a misguided attempt to stifle free expression,” she remarked.

In contrast, Brian Wright, a spokesperson for the Florida Governor’s Office, described the court’s decision as long overdue. “There’s no right to perform sexual routines in front of kids,” he argued, asserting that they would work to overturn what he termed a “lawless decision.”

Hamburger Mary’s Orlando filed a lawsuit in 2023 and historically hosted regular drag shows, even inviting families to attend performances on Sundays. The restaurant has since closed its downtown location but plans to reopen nearby in Kissimmee.

The restaurant’s owner has contended that the law effectively chills First Amendment rights. Meanwhile, the Republican administration defends it, insisting the law aims to penalize venues that feature what they categorize as “live adult performances,” although specific instances like drag shows were not directly mentioned by Governor Ron DeSantis.

Venues found in violation of this law could face penalties, including fines and the potential loss of their liquor licenses. Individuals involved might even be charged with a misdemeanor.