{"id":2026,"date":"2026-08-04T20:08:30","date_gmt":"2026-08-04T20:08:30","guid":{"rendered":"https:\/\/blueroutejournal.com\/?p=2026"},"modified":"2026-08-04T20:08:30","modified_gmt":"2026-08-04T20:08:30","slug":"three-year-culture-war-fight-ends-with-major-win-for-desantis","status":"publish","type":"post","link":"https:\/\/blueroutejournal.com\/?p=2026","title":{"rendered":"Three-Year Culture War Fight Ends With Major Win For DeSantis"},"content":{"rendered":"
\n
\n

A federal appeals court <\/span> Tuesday that Florida can enforce its law banning children from attending sexually explicit live performances, delivering a significant win for the state\u2019s effort to keep minors away from adult-themed drag shows.<\/span><\/p>\n

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\u201cHuge victory for our team at the 11th Circuit! After 3 years of litigation, the full court affirmed the constitutionality of Florida\u2019s ban on children attending sexualized drag shows,\u201d Florida Attorney General James Uthmeier said.\u00a0\u00a0<\/span><\/p>\n

Governor Ron DeSantis (R-FL) signed Florida\u2019s Protection of Children Act into law in 2023. The measure makes it a misdemeanor to admit a child to an adult live performance featuring nudity, sexual conduct, sexual excitement, specific sexual acts, lewd conduct, or the lewd display of prosthetic or imitation genitals or breasts.<\/span><\/p>\n

The law became a national flashpoint in the conservative movement\u2019s campaign to protect children. Supporters argued it protected them from sexually explicit entertainment, while opponents said it threatened constitutionally protected expression.<\/span><\/p>\n

Central Florida-based Hamburger Mary\u2019s, a restaurant chain known for hosting drag performances, sued to block the law, arguing it violated the First and 14th Amendments because its definitions were unconstitutionally vague and overly broad. The restaurant <\/span>said the law would chill protected speech rather than target only obscene performances.<\/span><\/p>\n

A federal district judge agreed and issued a statewide preliminary injunction preventing Florida from enforcing the law.<\/span><\/p>\n

Florida appealed, and the full U.S. Court of Appeals for the 11th Circuit vacated that decision on Tuesday with an 8-5 ruling, concluding that Hamburger Mary\u2019s was unlikely to succeed on the merits of its constitutional claims. In the decision, a six-judge bloc also concluded the district court lacked authority to issue a statewide injunction, one vote short of a majority on that question.<\/span><\/p>\n

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\u201c[T]he district court lacked authority to impose a universal injunction that prevented the enforcement of the Act against everyone in Florida,\u201d Judge Andrew Brasher, a Trump appointee, wrote in the majority opinion reinstating the law. \u201cSecond, Hamburger Mary\u2019s was not entitled to even a more limited preliminary injunction to prevent the enforcement of the Act because its claims do not have a substantial likelihood of success on the merits.\u201d\u00a0\u00a0<\/span><\/p>\n

The court also rejected the argument that the law\u2019s reference to the \u201cage of the child present\u201d made it unconstitutionally vague.<\/span><\/p>\n

\u201cThere is no doubt the Act is rational. We will not second-guess the Florida Legislature\u2019s decision to regulate obscenity,\u201d the majority wrote.\u00a0<\/span><\/p>\n

Hamburger Mary\u2019s could ask the U.S. Supreme Court to review the ruling. The Daily Wire reached out to Hamburger Mary\u2019s for comment.\u00a0<\/span><\/p>\n

Tuesday\u2019s decision marks a significant legal victory for DeSantis, whose administration has defended the law as part of its effort to shield children from sexually explicit material.\u00a0<\/span><\/p>\n

\u201cWe are going to protect the innocence of our children,\u201d DeSantis said. \u201cWhy would it be problematic to say you can\u2019t do this stuff that\u2019s sexually explicit in front of minors?\u201d<\/span><\/p>\n

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\u201cI want Florida to be family-friendly,\u201d he added.<\/span><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A federal appeals court ruled Tuesday that Florida can enforce its law banning children from attending sexually explicit live performances, delivering a significant win for the state\u2019s effort to keep minors away from adult-themed drag shows.\u201cHuge victory for our team at the 11th Circuit! After 3 years of litigation, the full court affirmed the constitutionality of Florida\u2019s ban on children attending sexualized drag shows,\u201d Florida Attorney General James Uthmeier said.\u00a0\u00a0Governor Ron DeSantis (R-FL) signed Florida\u2019s Protection of Children Act into law in 2023. The measure makes it a misdemeanor to admit a child to an adult live performance featuring nudity, sexual conduct, sexual excitement, specific sexual acts, lewd conduct, or the lewd display of prosthetic or imitation genitals or breasts.The law became a national flashpoint in the conservative movement\u2019s campaign to protect children. Supporters argued it protected them from sexually explicit entertainment, while opponents said it threatened constitutionally protected expression.Central Florida-based Hamburger Mary\u2019s, a restaurant chain known for hosting drag performances, sued to block the law, arguing it violated the First and 14th Amendments because its definitions were unconstitutionally vague and overly broad. The restaurant said the law would chill protected speech rather than target only obscene performances.A federal district judge agreed and issued a statewide preliminary injunction preventing Florida from enforcing the law.Florida appealed, and the full U.S. Court of Appeals for the 11th Circuit vacated that decision on Tuesday with an 8-5 ruling, concluding that Hamburger Mary\u2019s was unlikely to succeed on the merits of its constitutional claims. In the decision, a six-judge bloc also concluded the district court lacked authority to issue a statewide injunction, one vote short of a majority on that question.\u201c[T]he district court lacked authority to impose a universal injunction that prevented the enforcement of the Act against everyone in Florida,\u201d Judge Andrew Brasher, a Trump appointee, wrote in the majority opinion reinstating the law. \u201cSecond, Hamburger Mary\u2019s was not entitled to even a more limited preliminary injunction to prevent the enforcement of the Act because its claims do not have a substantial likelihood of success on the merits.\u201d\u00a0\u00a0The court also rejected the argument that the law\u2019s reference to the \u201cage of the child present\u201d made it unconstitutionally vague.\u201cThere is no doubt the Act is rational. We will not second-guess the Florida Legislature\u2019s decision to regulate obscenity,\u201d the majority wrote.\u00a0Hamburger Mary\u2019s could ask the U.S. Supreme Court to review the ruling. The Daily Wire reached out to Hamburger Mary\u2019s for comment.\u00a0Tuesday\u2019s decision marks a significant legal victory for DeSantis, whose administration has defended the law as part of its effort to shield children from sexually explicit material.\u00a0\u201cWe are going to protect the innocence of our children,\u201d DeSantis said. \u201cWhy would it be problematic to say you can\u2019t do this stuff that\u2019s sexually explicit in front of minors?\u201d \u201cI want Florida to be family-friendly,\u201d he added.<\/p>\n","protected":false},"author":1,"featured_media":2025,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-2026","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-2"],"yoast_head":"\nThree-Year Culture War Fight Ends With Major Win For DeSantis - Blue Route Journal<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/blueroutejournal.com\/?p=2026\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Three-Year Culture War Fight Ends With Major Win For DeSantis - Blue Route Journal\" \/>\n<meta property=\"og:description\" content=\"A federal appeals court ruled Tuesday that Florida can enforce its law banning children from attending sexually explicit live performances, delivering a significant win for the state\u2019s effort to keep minors away from adult-themed drag shows.\u201cHuge victory for our team at the 11th Circuit! After 3 years of litigation, the full court affirmed the constitutionality of Florida\u2019s ban on children attending sexualized drag shows,\u201d Florida Attorney General James Uthmeier said.\u00a0\u00a0Governor Ron DeSantis (R-FL) signed Florida\u2019s Protection of Children Act into law in 2023. The measure makes it a misdemeanor to admit a child to an adult live performance featuring nudity, sexual conduct, sexual excitement, specific sexual acts, lewd conduct, or the lewd display of prosthetic or imitation genitals or breasts.The law became a national flashpoint in the conservative movement\u2019s campaign to protect children. Supporters argued it protected them from sexually explicit entertainment, while opponents said it threatened constitutionally protected expression.Central Florida-based Hamburger Mary\u2019s, a restaurant chain known for hosting drag performances, sued to block the law, arguing it violated the First and 14th Amendments because its definitions were unconstitutionally vague and overly broad. The restaurant said the law would chill protected speech rather than target only obscene performances.A federal district judge agreed and issued a statewide preliminary injunction preventing Florida from enforcing the law.Florida appealed, and the full U.S. Court of Appeals for the 11th Circuit vacated that decision on Tuesday with an 8-5 ruling, concluding that Hamburger Mary\u2019s was unlikely to succeed on the merits of its constitutional claims. In the decision, a six-judge bloc also concluded the district court lacked authority to issue a statewide injunction, one vote short of a majority on that question.\u201c[T]he district court lacked authority to impose a universal injunction that prevented the enforcement of the Act against everyone in Florida,\u201d Judge Andrew Brasher, a Trump appointee, wrote in the majority opinion reinstating the law. \u201cSecond, Hamburger Mary\u2019s was not entitled to even a more limited preliminary injunction to prevent the enforcement of the Act because its claims do not have a substantial likelihood of success on the merits.\u201d\u00a0\u00a0The court also rejected the argument that the law\u2019s reference to the \u201cage of the child present\u201d made it unconstitutionally vague.\u201cThere is no doubt the Act is rational. We will not second-guess the Florida Legislature\u2019s decision to regulate obscenity,\u201d the majority wrote.\u00a0Hamburger Mary\u2019s could ask the U.S. Supreme Court to review the ruling. The Daily Wire reached out to Hamburger Mary\u2019s for comment.\u00a0Tuesday\u2019s decision marks a significant legal victory for DeSantis, whose administration has defended the law as part of its effort to shield children from sexually explicit material.\u00a0\u201cWe are going to protect the innocence of our children,\u201d DeSantis said. \u201cWhy would it be problematic to say you can\u2019t do this stuff that\u2019s sexually explicit in front of minors?\u201d \u201cI want Florida to be family-friendly,\u201d he added.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/blueroutejournal.com\/?p=2026\" \/>\n<meta property=\"og:site_name\" content=\"Blue Route Journal\" \/>\n<meta property=\"article:published_time\" content=\"2026-08-04T20:08:30+00:00\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/#\\\/schema\\\/person\\\/19da116f8d79cf8987781569801c6b7c\"},\"headline\":\"Three-Year Culture War Fight Ends With Major Win For DeSantis\",\"datePublished\":\"2026-08-04T20:08:30+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026\"},\"wordCount\":544,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/blueroutejournal.com\\\/wp-content\\\/uploads\\\/2026\\\/08\\\/9d1fa704fa32a85f8254a417d0d9989e.avif\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026\",\"url\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2026\",\"name\":\"Three-Year Culture War Fight Ends With Major Win For DeSantis - 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After 3 years of litigation, the full court affirmed the constitutionality of Florida\u2019s ban on children attending sexualized drag shows,\u201d Florida Attorney General James Uthmeier said.\u00a0\u00a0Governor Ron DeSantis (R-FL) signed Florida\u2019s Protection of Children Act into law in 2023. The measure makes it a misdemeanor to admit a child to an adult live performance featuring nudity, sexual conduct, sexual excitement, specific sexual acts, lewd conduct, or the lewd display of prosthetic or imitation genitals or breasts.The law became a national flashpoint in the conservative movement\u2019s campaign to protect children. Supporters argued it protected them from sexually explicit entertainment, while opponents said it threatened constitutionally protected expression.Central Florida-based Hamburger Mary\u2019s, a restaurant chain known for hosting drag performances, sued to block the law, arguing it violated the First and 14th Amendments because its definitions were unconstitutionally vague and overly broad. The restaurant said the law would chill protected speech rather than target only obscene performances.A federal district judge agreed and issued a statewide preliminary injunction preventing Florida from enforcing the law.Florida appealed, and the full U.S. Court of Appeals for the 11th Circuit vacated that decision on Tuesday with an 8-5 ruling, concluding that Hamburger Mary\u2019s was unlikely to succeed on the merits of its constitutional claims. In the decision, a six-judge bloc also concluded the district court lacked authority to issue a statewide injunction, one vote short of a majority on that question.\u201c[T]he district court lacked authority to impose a universal injunction that prevented the enforcement of the Act against everyone in Florida,\u201d Judge Andrew Brasher, a Trump appointee, wrote in the majority opinion reinstating the law. \u201cSecond, Hamburger Mary\u2019s was not entitled to even a more limited preliminary injunction to prevent the enforcement of the Act because its claims do not have a substantial likelihood of success on the merits.\u201d\u00a0\u00a0The court also rejected the argument that the law\u2019s reference to the \u201cage of the child present\u201d made it unconstitutionally vague.\u201cThere is no doubt the Act is rational. We will not second-guess the Florida Legislature\u2019s decision to regulate obscenity,\u201d the majority wrote.\u00a0Hamburger Mary\u2019s could ask the U.S. Supreme Court to review the ruling. The Daily Wire reached out to Hamburger Mary\u2019s for comment.\u00a0Tuesday\u2019s decision marks a significant legal victory for DeSantis, whose administration has defended the law as part of its effort to shield children from sexually explicit material.\u00a0\u201cWe are going to protect the innocence of our children,\u201d DeSantis said. \u201cWhy would it be problematic to say you can\u2019t do this stuff that\u2019s sexually explicit in front of minors?\u201d \u201cI want Florida to be family-friendly,\u201d he added.","og_url":"https:\/\/blueroutejournal.com\/?p=2026","og_site_name":"Blue Route Journal","article_published_time":"2026-08-04T20:08:30+00:00","author":"admin","twitter_card":"summary_large_image","twitter_misc":{"Written by":"admin","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/blueroutejournal.com\/?p=2026#article","isPartOf":{"@id":"https:\/\/blueroutejournal.com\/?p=2026"},"author":{"name":"admin","@id":"https:\/\/blueroutejournal.com\/#\/schema\/person\/19da116f8d79cf8987781569801c6b7c"},"headline":"Three-Year Culture War Fight Ends With Major Win For DeSantis","datePublished":"2026-08-04T20:08:30+00:00","mainEntityOfPage":{"@id":"https:\/\/blueroutejournal.com\/?p=2026"},"wordCount":544,"commentCount":0,"image":{"@id":"https:\/\/blueroutejournal.com\/?p=2026#primaryimage"},"thumbnailUrl":"https:\/\/blueroutejournal.com\/wp-content\/uploads\/2026\/08\/9d1fa704fa32a85f8254a417d0d9989e.avif","articleSection":["News"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/blueroutejournal.com\/?p=2026#respond"]}]},{"@type":"WebPage","@id":"https:\/\/blueroutejournal.com\/?p=2026","url":"https:\/\/blueroutejournal.com\/?p=2026","name":"Three-Year Culture War Fight Ends With Major Win For DeSantis - 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