Florida’s embattled Protection of Children Act (SB 1428), part of a broader state effort to restrict minors’ attendance at certain performances, including drag shows, will now be enforced, per a ruling by the U.S. Court of Appeals for the 11th Circuit on December 15.
Under the law’s definitions, an “adult live performance” includes “any show, exhibition, or other presentation that is performed in front of a live audience, which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement or specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”
The law seeks to bar children under 18 from being admitted to shows that fall into that category, and the way it is written has been central to legal challenges over whether it can be enforced. Although the act does not single out drag shows by name, it was passed amid heightened scrutiny of events where drag performers appeared in front of children. Critics and courts alike have noted that the broad wording could encompass a range of artistic performances, and the phrase about prosthetic breasts became a flashpoint in legal briefs and commentary as lawyers and judges questioned how the statute would be applied in practice. Like, what if a local Hooters wants to put on a production of A Midsummer Night’s Dream? Questions also arise on whether a drag queen could face arrest simply for walking from their car to a performance if someone deems it “lewd” or “sexual.”
The ruling now allows the law to be enforced at all Florida venues, except for Hamburger Mary’s in Kissimmee, which fought against the law in court. In June 2025, a federal appeals court upheld a preliminary injunction blocking enforcement of the law statewide, concluding that its terms did not give clear guidance on what performances were prohibited and thus risked infringing on First Amendment protections.
Allowing children to attend an “adult live performance” could now lead to criminal charges, as first-degree misdemeanors (the most serious type of misdemeanor – punishable by up to one year in jail and up to $1,000 in fines). Violators may even face the suspension or revocation of their licenses.
