HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation
En banc Eleventh Circuit vacated a preliminary injunction that barred statewide enforcement of Florida's Protection of Children Act, Fla. Stat. § 827.11, which criminalizes knowingly admitting a child to an 'adult live performance.' The court held that Trump v. CASA bars 'universal' injunctions protecting nonparties, with no exception for statewide injunctions or First Amendment overbreadth claims, and that the plaintiff restaurant was not substantially likely to succeed on the merits because the Florida Supreme Court's construction of 'lewd' in Chesebrough v. State cures any overbreadth and the Act's 'age of the child present' criteria are not unconstitutionally vague.
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