FL Anti-Drag Law Can’t Be Enforced During Appeal: Supreme Court

FLORIDA — Florida’s new law targeting drag shows where children are present won’t be enforced while an appeals court case proceeds, the Supreme Court decided Thursday.

Florida asked the court to allow its anti-drag show policy to be enforced throughout the state, except at Orlando’s Hamburger Mary’s, the restaurant that is challenging the law in court, during the appeals process.

But the justices, who were split in their vote, refused to narrow a lower-court order prohibiting the law from being enforced statewide.

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While the law, known as the "Protecting Children's Innocence" law, doesn’t specifically mention drag performances, it bans children from attending "sexually explicit adult performances in all venues — including drag shows and strip clubs," according to a news release from Gov. Ron DeSantis’ office. It was signed into law by the governor, who is running for the GOP presidential nomination, in May.

Venues violating the law face fines and the suspension or revocation of their liquor licenses.

The 11th U.S. Circuit Court of Appeals last month upheld a lower court’s order that stopped the state from enforcing the law, finding that it likely restricted free speech. In that ruling

A district court judge sided with Hamburger Mary’s in June, also finding that the new law likely violates First Amendment rights because of its vague language, which doesn’t define “lewd conduct” or “lewd exposure,” the Washington Post said.

Justices Samuel Alito, Neil Gorsuch and Clarence Thomas said they would have granted the state’s request for a stay of the law.

Justices Brett Kavanaugh and Amy Coney Barrett indicated that it was unlikely the court would fully review the case, Politico reported.

This article includes reporting from The Associated Press.