Aug 2026: 11th Circuit Upholds Florida Minor Ban on Adult Drag Shows
On August 4, 2026, the en banc 11th Circuit affirmed Florida's ban on minors attending adult drag shows.
Why it matters: This ruling directly impacts legal counsel advising event organizers on compliance with public decency laws and shapes First Amendment boundaries related to live performances accessible to minors.
- August 4, 2026: the full 11th Circuit upheld Florida's 'Protection of Children Act' restricting minors from adult live performances, including certain drag shows.
- Hamburger Mary's, an Orlando restaurant, challenged the law citing First Amendment violations.
- Earlier injunctions blocking the law were issued by a 2023 district court and a 2025 Eleventh Circuit panel but were reversed by the full court en banc.
- The ruling allows statewide enforcement except it exempts Hamburger Mary's, reflecting nuanced judicial balancing.
On August 4, 2026, the en banc Eleventh Circuit Court of Appeals upheld Florida's Protection of Children Act, which bars minors from attending "adult live performances." These shows include those with nudity, sexual conduct, or lewd behavior and encompass certain drag shows deemed inappropriate for minors (Liberty Counsel).
The case, HM Florida-ORL, LLC v. Griffin, involves Hamburger Mary's, an Orlando restaurant known for drag performances. It challenged the law on First Amendment grounds, claiming it restricts free speech (ACLU).
Legal proceedings spanned three years. In May 2023, a district court issued a preliminary injunction — a temporary order halting enforcement — citing concerns over vagueness and overbreadth (when a law restricts more speech than necessary). This injunction was affirmed by a three-judge panel of the Eleventh Circuit in May 2025 (Justia).
In December 2025, the full Eleventh Circuit agreed to rehear the case en banc (by all judges), vacating the panel's decision. The August 2026 ruling reversed the injunction, permitting statewide enforcement, while granting an exemption for Hamburger Mary's (Palm Beach Post).
Florida Attorney General James Uthmeier called the decision a "ruling in favor of the state's effort to protect children from sexually explicit drag performances." Hamburger Mary's legal team signaled plans to continue challenging the law to defend First Amendment protections (ACLU).
The law penalizes businesses that allow minors to attend such performances, including fines and license suspension. This ruling underscores heightened judicial deference to state interests in shielding minors from adult content, which has significant implications for legal advisers navigating compliance in entertainment and event planning.
By the numbers:
- 3 years — duration of legal challenges since 2023 district court injunction
- 2 injunctions lifted — district court and Eleventh Circuit panel rulings against the law overturned
- 1 exemption — Hamburger Mary's retains special protection against enforcement
Yes, but: While the ruling allows statewide enforcement, it carves out an exemption for Hamburger Mary's, which may limit the law’s uniform application and signals ongoing constitutional debates.
What's next: Hamburger Mary's has indicated intent to appeal to the U.S. Supreme Court, potentially raising further constitutional questions about First Amendment scope and state regulation of live performances.