On August 4, 2026, the full U.S. Court of Appeals for the Eleventh Circuit issued an 8-5 decision in HM Florida-ORL, LLC v. Griffin. The court concluded that the Orlando restaurant challenging Florida's Protection of Children Act was unlikely to succeed on its facial overbreadth and vagueness claims and vacated the preliminary injunction that had blocked enforcement.
What the Eleventh Circuit decided
The ruling concerns a preliminary injunction, not a final judgment after trial. The en banc court held that Hamburger Mary's had not shown the likelihood of success required for preliminary relief and sent the case back for further proceedings.
The court's decision permits Florida to enforce the 2023 law during the continuing litigation. The law does not prohibit every drag performance; it regulates knowingly admitting a child to an 'adult live performance' as that term is defined in section 827.11, Florida Statutes.
Why this is a liquor-license development
Chapter 2023-94 amended Florida's Beverage Law to authorize the Division of Alcoholic Beverages and Tobacco to suspend or revoke a beverage license, or impose a fine, when the Division finds sufficient cause that a licensed premises admitted a child to an adult live performance in violation of section 827.11.
The statute specifies a $5,000 fine for a first violation and $10,000 for a second or later violation. It also characterizes a violation as an immediate, serious danger for purposes of emergency agency action under section 120.60(6).
- Decision: HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation, No. 23-12160.
- Court and date: U.S. Court of Appeals for the Eleventh Circuit, en banc, August 4, 2026.
- Current posture: preliminary injunction vacated; litigation continues.
- Statutory sources: sections 561.29(1)(l) and 827.11, Florida Statutes.
FLLM compliance and transaction takeaway
License holders should review the statutory definition, current agency guidance, and event-specific facts with qualified counsel. Buyers and lenders should also ask whether a licensed premises has any pending administrative complaint, emergency suspension, fine, or related litigation before closing.
FLLM tracks this decision because it connects constitutional litigation, venue operations, and the regulatory status of valuable Florida beverage licenses.