James Uthmeier
TALLAHASSEE, Florida — “A Drag Queen Christmas” at a city-owned theater in Pensacola is set to be performed this evening despite criticism from the state’s attorney general and a federal appeals court’s ruling allowing Florida’s Protection of Children Act to be enforced.
In a post on X, formerly Twitter, Florida Attorney General James Uthmeier noted that a preliminary injunction against the 2023 law – which prevents children from attending sexually explicit drag shows – would be lifted in the wake of an order by the 11th Circuit Court of Appeals.
“Starting today (Dec. 15), the law is in effect thanks to a win on appeal by our office,” Uthmeier said in his post on X. “If you're exposing children to lewd conduct, you're on notice. We’re watching, Pensacola.”
The federal appeals court’s order in the case of HM Florida-ORL LLC v. Governor of Florida was issued without an explanation. It stayed a preliminary injunction issued by a district court and affirmed by a three-judge panel of the 11th Circuit in May.
“Appellant’s renewed motion for partial stay of the district court’s preliminary injunction pending hearing en banc is granted,” the federal appeals court said, indicating that the full court would hear the case at a later date.
The stay of the injunction, however, does not apply to the plaintiff, HM Florida-ORL, which in 2023 operated Hamburger Mary’s Restaurant and Bar in Orlando, according to the Dec. 15 order.
Previously, the 11th Circuit panel held that the law in question, Senate Bill 1438, was likely unconstitutional on its face.
“The act prohibits children’s admission to ‘live performances’ that Florida considers obscene for minors,” the panel said in its ruling. “But by providing only vague guidance as to which performances it prohibits, the act wields a shotgun when the First Amendment allows a scalpel at most.”
A spokeswoman for the City of Pensacola told the Florida Record in an email that the city is complying with all applicable federal and state laws with respect to the performance of “A Drag Queen Christmas.”
“Please note that the upcoming event at the Saenger Theatre is restricted to adults ages 18 and older,” the email said. “Therefore, no children will be in attendance, and the court’s ruling has no impact.”
Uthmeier has been urging the Pensacola City Council to cancel the show. In an Nov. 7 letter to the council, called the scheduled drag show “anti-Christian” and criticized the city for allowing such an event at a city-owned theater.
“... It will be playing in the middle of downtown at the same time as Pensacola’s family-friendly Winterfest,” he said in the letter. “So, while Pensacola children are taking pictures with Santa, men dressed as garish women in demonic costumes will be engaged in obscene behavior mere feet away.”
Uthmeier also called the scheduled performance as a threat to the community’s moral fiber that could subject the city to legal challenges, since the show’s “mockery” could be deemed religious discrimination.
“Failure to stop this sacrilege and misuse of public funds raises serious concerns about the city’s stewardship of public property,” the attorney general said in the letter to the Pensacola council. “Do the right thing.”
