ATLANTA (AP) — The injunction remains in effect except for the Florida drug show ban enforcement after a federal court of appeals ruled Tuesday that the law is likely to be unconstitutional.
A three-person judge panel in the 11th Circuit voted 2-1 to support a lower court decision that explained Florida law. The case is currently scheduled to return to the Central District of Florida and undergo a federal bench trial.
Attorney Melissa Stewart, who represents Hamburger Mary, a drug-themed casual dining restaurant, said she is excited to continue to be protected as the Floridian’s initial right to amendments continues.
“The court’s opinion is aware of what this law is – a terrible, unconstitutional attempt to censor citizen speeches and expressions,” Stewart said.
Brian Wright, a spokesman for the Florida Governor’s Office, called the ruling an overdue by federal courts.
“No one has the constitutional right to carry out a sexual routine in front of young children,” Wright said. “We will do everything we can to overturn this lawless decision.”
The Orlando Burger Marys, which filed a lawsuit in 2023, held regular drug shows, including Sunday family-friendly performances where children were invited to attend. The restaurant closed its downtown location last year but is set to reopen at a new location in Kissimmee nearby. The restaurant owner says Florida law violated the First Amendment rights by cooling the speech.
The law, defended by Republican Gov. Ron DeSantis, aims to punish venues for allowing children to do what they call “adult live performances.” Although he didn’t mention the drug show, the legislative sponsor said it was intended for these performances.
Locations that violated the law faced fines and could have suspended or revoked their liquor license. An individual may be charged with a misdemeanor offence.
