11th Circuit Upholds Florida Ban on Kids at Drag Shows

A divided federal appeals court has cleared the way for Florida to enforce a law restricting children from attending certain explicit live performances, including some drag shows. The full U.S. Court of Appeals for the 11th Circuit ruled on Tuesday, August 4, 2026, in an 8-5 decision that the state's Protection of Children Act is constitutional, vacating a lower court's injunction that had blocked its enforcement.

The law, enacted in 2023, makes it a misdemeanor to knowingly admit a child to an "adult live performance." Such a performance is defined as a show that depicts or simulates nudity, sexual conduct, or "lewd conduct," and that predominantly appeals to a "prurient, shameful, or morbid interest," is "patently offensive" for the age of the child present, and lacks serious literary, artistic, political, or scientific value for that age.

Writing for the majority, Judge Andrew Brasher stated the statute is a straightforward regulation of obscenity. He argued that preventing children from attending performances deemed obscene for them is rationally related to the state's interest in safeguarding the wellbeing of minors. The majority rejected arguments from the plaintiff, the...