The law, signed by Gov. Ron DeSantis in May, prohibits anyone from knowingly allowing a minor into an “adult performance.” DeSantis has claimed drag shows sexualize children.
In June central Florida Judge Gregory Presnell, a federal appointee of former President Bill Clinton, issued a preliminary injunction at the request of the restaurant chain and stopped the state from enforcing the law.
Presnell in his ruling determined that while some people may find drag performances inappropriate, they aren’t necessarily obscene.
Background: The state filed a request to stay Presnell’s ruling to the 11th Circuit Court of Appeals, but a divided panel denied it.
Melanie Griffin, secretary of the Florida Department of Business and Professional Regulation, in October then asked the high court for a partial stay, pending an appeal.
The DeSantis administration did not immediately respond to a request for comment.
Josh Gerstein contributed to this report.