Federal appeals court refuses to halt Florida drag show ruling – CBS Miami

This blog originally appeared at CBS News.

TALLAHASSEE – On Wednesday, a federal appeals court declined to delay a ruling that halted a Florida law designed to prevent children from attending drag shows.

In a 2-1 decision, a panel from the 11th U.S. Circuit Court of Appeals turned down a request made by Governor Ron DeSantis’ administration to implement a partial stay on the preliminary injunction issued by U.S. District Judge Gregory Presnell.

If granted, this request would have permitted the enforcement of the law in nearly all venues across the state while an ongoing appeal of Judge Presnell’s decision unfolded. The preliminary injunction was originally issued in response to a lawsuit filed by the Orlando restaurant Hamburger Mary’s, but it was broadly applied to venues statewide.

When seeking the partial stay, legal representatives for the DeSantis administration contended that the injunction should exclusively pertain to Hamburger Mary’s.

“An injunction preventing enforcement of the statute against HM (Hamburger Mary’s) fully protects HM from any … harm,” the state’s lawyers argued in a July motion. “In granting broader relief, the district court irreparably harmed the state by ordering it to refrain from enforcing a duly enacted law designed to protect children from exposure to age-inappropriate, sexually explicit live performances.”

In the majority opinion issued on Wednesday, Judges Adalberto Jordan and Robin Rosenbaum noted that Judge Presnell had ruled the law was probably overly broad and unconstitutional under the First Amendment. They cited legal precedents and pointed out that, in previous cases where a law was deemed overly broad and in violation of the First Amendment, injunctions were upheld to prevent the enforcement of such laws against both nonparties and parties.

However, Judge Andrew Brasher dissented from this stance, expressing his support for staying Presnell’s ruling, except in its application to Hamburger Mary’s.

“HM runs a restaurant and nightclub in Orlando. HM’s injury is the fear of being prosecuted for violating (the law),” Brasher wrote. “A preliminary injunction prohibiting state officials from enforcing that law against HM and anyone acting in concert with HM would completely remedy HM’s injury. Nothing more is necessary or appropriate. Under our precedents, that’s the end of the matter, and the motion for a partial stay should be granted.”

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