"This litigation is not over": Fight continues as appeals court rules in favor of Florida drag banhttps://www.lgbtqnation.com/2026/08/this-litigation-is-not-over-fight-continues-as-appeals-court-rules-in-favor-of-florida-drag-ban/ 🔗Molly Sprayregen (5 Aug 2026)
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."
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.
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).
