Florida Appeals to Supreme Court for Partial Enforcement of Controversial Anti-Drag Show Law

Florida seeks to enforce anti-drag show law against nonparties, while preserving the injunction for the lone plaintiff, Orlando bar Hamburger Mary’s, as it battles lawsuits calling the anti-LGBTQ legislation “unconstitutionally vague and overbroad.”

Florida has appealed to the Supreme Court, seeking partial enforcement of a controversial law banning drag shows. The state wants to enforce the law against nonparties while preserving an injunction for the sole plaintiff, Orlando bar Hamburger Mary’s.
Hamburger Mary’s, an Orlando restaurant and bar that frequently hosts drag shows, sued the state challenging the constitutionality of the legislation soon after it was enacted in May.
Florida's law makes it a misdemeanor to knowingly admit a child to an 'adult live performance,' partially defined as shows that depict 'lewd conduct' or 'lewd exposure of prosthetic or imitation genitals or breasts.'
A federal judge ruled the law to be unconstitutionally vague and overbroad in June, putting it temporarily on hold. The 11th U.S. Circuit Court of Appeals upheld this ruling when Florida tried to appeal it.
While Florida appeals the ruling, the state is now asking the Supreme Court to narrow its scope so officials can enforce the law against nonparties. The request has been docketed to Justice Clarence Thomas.