The culture war battle over drag shows in Florida just took a dramatic turn in the courts.
Two federal judges delivered a one-two punch against Florida’s restrictions on drag performances.
And a pair of Florida judges just handed Ron DeSantis a surprising defeat that left conservatives outraged.
Federal courts strike down Florida’s drag show restrictions
Federal judges dealt multiple blows to Florida’s attempts to restrict drag performances in recent days, with rulings that have effectively neutralized laws championed by Governor Ron DeSantis.
The U.S. Court of Appeals for the Eleventh Circuit ruled on Tuesday that Florida’s anti-explicit drag show law is “likely unconstitutional on its face,” upholding a lower court’s injunction that prevents its enforcement.
The law in question was part of SB 1438, signed by Governor DeSantis in 2023, which made it a crime to knowingly admit a child to an “adult live performance.”Â
Businesses found violating the law could face license revocation.
A three-judge panel voted 2-1 to back the lower court decision that described Florida’s law as overly broad and vaguely written.
Attorney Melissa Stewart, who represented Hamburger Mary’s, a drag-themed restaurant that filed the lawsuit, celebrated the ruling.
“The Court’s opinion recognizes this law for what it is -– an egregiously unconstitutional attempt to censor the speech and expression of citizens,” Stewart said.
Naples Pride granted permission for public park performance
In a separate but related case, a federal court granted a preliminary injunction allowing Naples Pride to host what they call a “family-friendly” drag performance at a public park during their annual Pride Fest celebration on June 7.
Judge John E. Steele ruled the City of Naples’ permitting restrictions were “clearly invalid” under the First Amendment after the city council had voted 5-2 to move the planned drag show indoors and restrict it to adults only.
“For purposes of this preliminary injunction motion, the Court finds that Naples Pride’s drag performance is symbolic conduct that is inherently expressive and constitutes ‘speech’ within the meaning of the First Amendment,” the judge wrote.
Conservatives respond with anger
Brian Wright, a spokesman for the Florida governor’s office, called the Eleventh Circuit ruling an overreach by a federal court.
“No one has a constitutional right to perform sexual routines in front of little kids,” Wright said. “We will do everything possible to have this lawless decision overturned.”
Erika Donalds, wife of U.S. Rep. Byron Donalds (R-FL), expressed outrage over the Naples Pride ruling on social media.
“SHAMEFUL!” Donalds wrote on X. “Activist judge DEFIES Florida law, green-lighting Naples Pride’s explicit drag show for KIDS—right by a playground! Bounce houses & games lure them in. This isn’t freedom; it’s reckless! Protect our children NOW!”
🚨 SHAMEFUL!
Activist judge DEFIES Florida law, green-lighting Naples Pride’s explicit drag show for KIDS—right by a playground! Bounce houses & games lure them in. This isn’t freedom; it’s reckless!
Protect our children NOW! pic.twitter.com/AeuFD9ruEe
— Erika Donalds (@ErikaDonalds) May 13, 2025
Pride organizers insist on family-friendly standards
Naples Pride has maintained that while not all drag shows are “family friendly,” they’ve taken specific measures to ensure their performances are appropriate.
According to court documents, the event “forbids performers from incorporating nudity or vulgar, sexual, or obscene content into their performances; instructs attendees not to tip performers; expressly makes performers aware of these requirements when they are booked; and reminds performers of those conditions before their performances.”
The event will also feature a “kids zone” at the park with a bounce house, face painting, games, and other activities.
An attorney for the ACLU, which supported Naples Pride in their legal challenge, said the decision “affirms the powerful truth that the government cannot censor speech just because it disrupts someone’s version of comfort or convention.”
Liberty Counsel, a national civil liberties organization, noted that the ruling against SB 1438 is under appeal and “does not erase or suspend” the law itself, suggesting the legal battle may continue.
The future of Florida’s culture war legislation
These rulings represent significant setbacks for Governor DeSantis and Florida Republicans who have made restrictions on drag performances part of their broader cultural agenda.
Hamburger Mary’s in Orlando, which filed the original lawsuit challenging SB 1438, had regularly hosted drag shows, including family-friendly performances on Sundays that children were invited to attend.Â
The restaurant closed its downtown location last year but plans to reopen at a new spot in nearby Kissimmee.
With these federal court rulings, Florida’s attempts to restrict drag performances face serious constitutional obstacles, suggesting the strategy of targeting these events through broadly written legislation may not survive judicial scrutiny.
As the cases move forward, the courts will likely continue to weigh First Amendment protections against the state’s claimed interest in protecting children, with significant implications for similar legislation across the country.
