Florida officials ask U.S. Supreme Court to block rulings limiting anti-drag show law

This blog originally appeared at NBC News.

The law, which didn’t explicitly reference drag shows, penalized establishments for permitting children to attend what it categorized as “adult live performances.”

ORLANDO, Fla. — Florida has petitioned the U.S. Supreme Court to overturn lower court decisions that prevent the enforcement of a new law aimed at regulating drag shows.

In an application submitted on Friday, Florida officials are requesting that the ban on enforcing the anti-drag show law only be applied to the Orlando, Florida, restaurant that challenged its constitutionality.

The law should be in effect at other businesses in Florida, as failing to do so would effectively remove a law meant to protect children from the state’s statutes, the application argued.

Earlier this month, the 11th U.S. Circuit Court of Appeals upheld a lower court’s decision to grant a preliminary injunction preventing the law from being enforced. The district court determined that the law likely restricted free speech, and the injunction should apply to all Floridians.

The appeals court panel rejected Florida officials’ request to restrict the injunction to the Hamburger Mary’s restaurant, stating that they hadn’t demonstrated that the lower court had made an error in prohibiting the universal enforcement of the law.

Hamburger Mary’s regularly hosts drag shows, including family-friendly Sunday performances where children are encouraged to attend. The restaurant’s owner argued that the law was excessively broad, written ambiguously, and violated First Amendment rights by inhibiting speech.

The new law, supported by Republican Governor Ron DeSantis, a candidate for the 2024 GOP presidential nomination, penalized venues for allowing children into what it referred to as “adult live performances.” While it didn’t explicitly mention drag shows, the legislator behind the law stated that it was primarily directed at such performances.

Venues that violated the law faced fines and the potential suspension or revocation of their liquor licenses. Individuals could also be charged with a misdemeanor offense.