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Supreme Court won't allow Florida to enforce drag ban while on appeal

The justices refused to narrow a lower-court order that has prohibited the law from being enforced statewide.
Supreme Court won't allow Florida to enforce drag ban while on appeal
Posted at 4:15 PM, Nov 16, 2023

The Supreme Court said Thursday it will not allow Florida to enforce its new law targeting drag shows, while a court case proceeds.

The justices refused to narrow a lower-court order that has prohibited the law from being enforced statewide.

Florida had asked the court to allow its anti-drag show law to be enforced everywhere except at the Hamburger Mary's restaurant in Orlando, which challenged the law's constitutionality.

Three justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, said they would have granted the state's request.

Last month, a panel of the 11th U.S. Circuit Court of Appeals upheld a lower court’s order stopping the law from being enforced. The district court found that the law likely restricted free speech and couldn't be enforced anywhere in the state.

SEE MORE: Judge blocks Texas law drag show performers fear will shut them down

Hamburger Mary’s regularly hosts drag shows, including family-friendly performances on Sundays that children are invited to attend. The restaurant’s owner said the law was overly broad, was written vaguely and violated First Amendment rights by chilling speech.

The new law championed by Republican Gov. Ron DeSantis, who is running for the 2024 GOP presidential nomination, punished venues for allowing children into what it called “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.

Venues that violated the law faced fines and the possibility that their liquor licenses would be suspended or revoked. Individuals could be charged with a misdemeanor crime.


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