The 11th Circuit Court of Appeals is backing a lower court decision that issues a “broad injunction” against an “overbroad” and “impermissibly vague” Florida law purportedly protecting Florida youngsters from drag shows.

“When a court holds a law facially unconstitutional, broad-based relief may follow,” the majority argued.

“Florida’s SB 1438 (the ‘Act’) takes an ‘I know it when I see it’ approach to regulating expression. The Act prohibits children’s admission to ‘live performances’ that Florida considers obscene for minors. 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.”

The majority ruling sides with Hamburger Mary’s of Orlando over Gov. Ron DeSantis and Florida’s Department of Business and Professional Regulation.

The opinion specifically cited DeSantis as looking to restrain protected speech, noting that “when signing the Act into law, Florida’s governor described it as being about ‘adult performances … like those drag shows.’”

Additionally, the opinion finds legal defects in the law itself.

“The Act’s vague terms like ‘depicts … lewd conduct’ and ‘value for the age of the child present’ make the law’s scope ambiguous and potentially inclusive of even Hamburger Mary’s “family-friendly” drag performances.”

Hamburger Mary’s differentiation of all-ages events from more risqué, 18-plus performances is meaningful to the majority of the three-judge panel, which differentiates between that and the state lumping all performances together.

Furthermore, the law’s reliance on “lewd conduct” as something to prohibit (as in the case of a drag performer simulating birth to a baloney sausage) falls apart given that it is an undefined term, the majority contended.

“On paper, the Act is the Goldilocks of speech regulation, ensuring each child can access only that speech that is ‘just right’ for their age. Seventeen-year-olds have access to speech that would be obscene as to sixteen-year-olds but not eighteen-year-olds, sixteen-year-olds can see content that would be obscene as to fifteen-year-olds but not seventeen-year-olds, and so on.”

The Judges used an iconic suntan lotion ad to illustrate the fundamental inconsistency.

“Consider this example: Miami is home to an historic, thirty-five-foot-tall billboard for Coppertone sunscreen, which features the brand’s historic logo — a girl, perhaps age seven, or so, with a dog pulling at her swimsuit, revealing her pale posterior and its contrast with her tanned skin,” the Judges stated.

“Would a depiction like the Coppertone logo be ‘patently offensive’ for a five-year-old? An eight-year-old? How about a seventeen-year-old? We don’t know, and we don’t think the burden should be on speakers to find out.”

The U.S. Supreme Court previously refused to intervene in the ban by a 6-3 margin.

Justice Brett Kavanaugh, appointed by President Donald Trump during his first term, joined with fellow Trump appointee Amy Coney Barrett in saying it would not be “appropriate” to intercede at that point.

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Miami Beach Commissioner Laura Dominguez just nabbed an endorsement from the Miami Beach Fraternal Order of Police (FOP) as she seeks re-election.

Her campaign said the nod underscores her “proven record of supporting public safety, standing with law enforcement, and protecting Miami Beach families.”

Miami Beach FOP President Robert “Bobby” Hernandez agreed, adding that Dominguez “doesn’t just promise safer neighborhoods — she helps make them a reality.”

“Commissioner Dominguez’s track record of fully funding law enforcement, confronting out-of-control Spring Break disorder head-on, and enhancing specialized police patrols has helped our officers keep residents and families safe — which is why the Miami Beach FOP is proud to endorse her re-election,” he said in a statement.

Dominguez, who chairs the city’s Public Safety and Neighborhoods Quality of Life Committee, has been a member of the seven-seat City Commission since 2022. Her campaign website lists nearly 60 accomplishments, including her sponsorship of public safety-focused measures to roll back alcohol sales in certain parts of the city to 2 a.m., create a Spring Break Task Force to minimize disruptions, crack down on illegal beach vendors and spread awareness about the risk and impact of human trafficking.

Her campaign said she also secured increased resources for the Miami Beach Police Department and expanded specialized patrols like the ATV Beachwalk, DUI Traffic and Marine Patrol Units.

“Investing in public safety will always be a core priority for me,” she said in a statement.

“I’m proud to stand with the brave men and women of the Miami Beach Police Department who put their lives on the line to keep us safe, and honored to have the FOP’s support. This endorsement is deeply meaningful, and I look forward to continuing our work together to make Miami Beach safer, stronger, and more secure for every resident.”

A Cuban American born in Miami-Dade County, Dominguez worked in management for a quarter century in the cruise and travel industry before launching a media and marketing company, LD Digital Strategies, in July 2020.

Before her election to the City Commission, she served on several condo and homeowner association boards.

As of Tuesday morning, Dominguez, a 53-year-old Democrat, remains unopposed in the City Commission’s Group 2 race.

She reported raising $84,000 and loaning her campaign $100,000 in the first quarter of 2025.

The Miami Beach General Election is Nov. 4.

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