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Federal Court Upholds Injunction Against Florida Drag Show Law

The 11th Circuit ruled SB 1438 likely unconstitutional for its vague and overbroad restrictions, sending the case back to district court for trial.

Salem Sanderson wears a cape that reads "Drag is Not a Crime" as she gets dressed backstage during the Miss Gay Days Pageant at the DoubleTree by Hilton Orlando at SeaWorld on June 3, 2023, in Orlando, Florida.
Florida Gov. Ron DeSantis speaks during a public event where he announced he would sign a bill banning the use of fluoride in public water systems, Tuesday, May 6, 2025, in Miami. (AP Photo/Lynne Sladky)
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Overview

  • The 11th Circuit Court of Appeals maintained an injunction blocking Florida's SB 1438, citing First Amendment violations and vague legal definitions.
  • The law, signed by Gov. Ron DeSantis in 2023, targets venues allowing minors at 'adult live performances,' implicitly focusing on drag shows.
  • Judges Robin Rosenbaum and Nancy Abudu criticized the law as overly broad, stating it uses a 'shotgun' approach where precision is required under the Constitution.
  • Hamburger Mary’s, a drag-themed restaurant, reported revenue losses and operational disruptions due to the law and filed the original lawsuit in 2023.
  • The DeSantis administration plans to continue appealing the court's decision, while the case returns to the Middle District of Florida for trial.