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By Jordan King
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A Florida law used to ban venues from allowing children at drag shows was upheld this week, renewing attention on a patchwork of measures affecting drag events in six states. Newsweek has mapped states with laws that explicitly or potentially restrict drag performances.
The 11th U.S. Circuit Court of Appeals ruled 8-5 on Tuesday in favor of the state, reviving Florida’s 2023 Protection of Children Act. The law bans venues from allowing children into performances “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities.”
Although the legislation does not explicitly mention drag, Republican Governor Ron DeSantis and GOP Representative Randy Fine, who introduced the bill, have pointed to using it to block children from attending drag shows.
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“I think it’s important that we’re saying in Florida: We’re not going to let these disgusting drag queen sex shows happen in front of kids,” Fine said, according to The Tampa Bay Times.
Businesses can be fined $5,000 for a first violation and $10,000 for subsequent offenses, while their operating or liquor licenses may be suspended or revoked. Individuals who knowingly admit a child to a prohibited performance can be charged with a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
Florida, Arkansas, North Dakota and Texas have laws that restrict broader adult performances that could be applied to drag. Montana and Tennessee have explicit drag-related restrictions, according to the LGBTQ nonprofit, the Movement Advancement Project.
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How Florida’s Law Returned
Hamburger Mary’s, an Orlando restaurant known for hosting drag performances, sued Florida officials shortly after the law was enacted in 2023.
The restaurant argued that the measure was unconstitutionally vague and overly broad, saying it had canceled its “family-friendly” Sunday performances and stopped admitting children to other shows because it feared prosecution.
A federal district court initially blocked the law statewide, finding that Hamburger Mary’s was likely to succeed on its First Amendment claims. A divided three-judge appeals panel upheld the injunction in 2025 before the full 11th Circuit agreed to reconsider the case.
In Tuesday’s ruling, the full appeals court vacated the injunction, finding that the law regulates material considered obscene for minors and was not unconstitutionally vague or overly broad. The case was returned to the district court for further proceedings, but the decision allows Florida to enforce the law while the litigation continues.
Where Drag Performances Are Explicitly Restricted
Montana and Tennessee are the only states identified by the Movement Advancement Project as having laws that explicitly restrict drag-related performances, although the measures differ in scope and enforceability.
Montana’s House Bill 359 expressly prohibits “drag story hour” at public schools and libraries that receive state funding. It also bars minors from certain sexually oriented performances and prohibits those events on public property where children are present. Republican Governor Greg Gianforte signed the measure in May 2023
But the law is not currently enforceable, after a federal district court blocked it in 2023, finding that the challengers were likely to succeed on their First Amendment claims, and the 9th U.S. Circuit Court of Appeals upheld the preliminary injunction in March 2026.
Tennessee’s Adult Entertainment Act does not use the word “drag” but expressly includes “male or female impersonators” who provide entertainment appealing to a prurient interest within its definition of adult cabaret entertainment. The law prohibits such performances on public property or anywhere they could be viewed by a minor. It does not prohibit family-friendly drag performances that fall outside that adult-oriented definition.
A federal judge initially blocked the Tennessee law in Shelby County, but the 6th U.S. Circuit Court of Appeals reversed the ruling in 2024 after finding that the theater company challenging it lacked standing, clearing the way for the law to be enforced.
Where Broader Adult-Performance Laws Apply
Arkansas, Florida, North Dakota and Texas have broader laws regulating adult-oriented or sexually oriented performances that could apply to some drag events, although none prohibits drag as a general form of entertainment.
Arkansas bars adult-oriented performances from public property, public funding and events attended by minors, while North Dakota prohibits such performances on public property or at businesses frequented by children.
Texas restricts sexually oriented performances on public property or in the presence of minors, but the law does not cover family-friendly drag shows without sexually explicit content.
Taken together, the measures reflect an evolving legal landscape in which restrictions vary widely by state and continue to face constitutional challenges over free speech.
LGBTQ rights groups reject the premise that drag is inherently sexual or unsuitable for children. The Movement Advancement Project describes drag as “an art form dating back centuries and is a vital part of LGBTQ culture and history” and argues that restrictions on it limit free speech and gender expression.
Contact Newsweek editors on this story: Matthew Robinson and Dave Siminoff.
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