The Eleventh Circuit Court of Appeals ruled on August 4, 2026, that Florida's Protection of Children Act is constitutional. This decision affects venues that host adult performances, particularly those that may include minors. The ruling is significant as it clarifies the legal boundaries regarding children's exposure to adult content in live performances.
The case, HM Florida-ORL, LLC v. Secretary of the Florida Department of Business, was brought by Hamburger Mary’s, a restaurant known for its drag shows. The restaurant challenged the law, claiming it violated their First and Fourteenth Amendment rights. The court's decision means that the law, which prohibits admitting children to adult performances, will remain in effect.
In 2023, the Florida Legislature passed the Protection of Children Act, making it a misdemeanor to knowingly admit a child to an adult live performance. The law defines an adult live performance as one that depicts nudity, sexual conduct, or lewd acts. Hamburger Mary’s sued the state, claiming the law was vague and overbroad, which could hinder its ability to host family-friendly drag shows. The restaurant argued that the law's language could lead to confusion about what constitutes an adult performance, potentially leading to unjust penalties.
The case reached the Eleventh Circuit after the United States District Court for the Middle District of Florida issued a preliminary injunction against the law's enforcement. The district court found that Hamburger Mary’s had a substantial likelihood of success on its claims, agreeing that the law was likely unconstitutional. However, the Eleventh Circuit later decided to reexamine this ruling through an en banc process, which involves a larger panel of judges.
The Eleventh Circuit ultimately ruled against Hamburger Mary’s. The court stated, "The district court lacked authority to impose a universal injunction that prevented the enforcement of the Act against everyone in Florida." The judges emphasized that the law does not violate constitutional protections and that the term “lewd” is sufficiently defined by existing Florida law.
The ruling was delivered by Judge Brasher, with Chief Judge William Pryor and several other judges joining the opinion. The court found that the Act aligns with established legal standards regarding obscenity and minors, stating that states have a legitimate interest in regulating access to adult content for children.
This decision has significant implications for venues that host performances that could be classified as adult. The ruling clarifies that the law does not infringe upon the rights of businesses to operate within the bounds of established legal definitions. It also reinforces the state’s authority to regulate performances that may expose minors to inappropriate content.
In terms of legal precedent, this ruling affirms the state's ability to enact laws that protect children from exposure to adult content. It sets a standard for how similar laws may be interpreted in the future, potentially influencing other states considering similar legislation.
Looking ahead, it remains to be seen whether Hamburger Mary’s will pursue further legal action. The court's decision can be appealed to the U.S. Supreme Court, but it is unclear if the restaurant plans to take that step. As of now, the ruling stands, allowing the Protection of Children Act to remain enforced in Florida.