On Friday, a federal judge in Florida blocked a law preventing minors from attending drag shows, ruling that the statute violated the First Amendment rights of an Orlando-based restaurant. While attempts at banning or restricting access to drag performances have swept local governments and state legislatures, most have failed to pass legal muster. 

In May, Florida Governor Ron DeSantis (R) signed Senate Bill 1438 into law. The bill prohibited "any person from knowingly admitting a child to an 'adult live performance.'" Violating the law was a misdemeanor offense, and offending businesses could be fined and have their licenses revoked.

The bill defines an "adult live performance" as "any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement." The statute also prohibits exposing minors to "lewd conduct or the lewd exposure of prosthetic or imitation genitals or breasts" when it "predominantly appeals to a prurient, shameful, or morbid interest"; is offensive to prevailing standards of "suitable material or conduct for the age of the child present"; and when "taken as a whole, is without serious literary, artistic, political, or scientific value for the age of the child present."

The same month, the owners of Hamburger Mary's, a restaurant in Orlando, Florida, that frequently hosts drag events (including "family-friendly" drag performances), filed a lawsuit challenging the law. The suit alleged that the new law "seeks to explicitly restrict, or chill speech and expression protected by the First Amendment based on its content, its message, and its messenger." Further, Hamburger Mary's argued that the law was unconstitutionally vague and overbroad.