ORLANDO, Fla. — The U.S. Court of Appeals for the 11th Circuit ruled on Monday, Dec. 15, allowing Florida to enforce its Protection of Children Act (SB 1438), which prohibits children from attending adult live performances.
The ruling permits the law to be enforced throughout all venues in Florida, except for Hamburger Mary’s restaurant in Orlando, which originally contested the law in court. This outcome follows a June 2025 U.S. Supreme Court ruling that limited the use of universal injunctions, affecting how courts enforce legal decisions nationwide.
The Protection of Children Act broadly defines an “adult live performance” to include shows with nudity, sexual conduct, or lewd exposure. Violators may face fines or license suspension, or revocation.
Allowing children to attend could lead to criminal charges, as first-degree misdemeanors.
Prior to this, a court injunction had blocked the law for two years, based on First Amendment concerns regarding the vagueness of its language related to “lewd conduct.”
However, the recent ruling overturns that previous injunction, permitting the law’s enforcement while the case proceeds.
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