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.
Key facts
- HM Florida-ORL, LLC, a restaurant, challenged Florida's Protection of Children Act (Fla. Stat. § 827.11), which criminalizes knowingly admitting a child to an 'adult live performance,' arguing the statute was overbroad and vague as applied to the restaurant's business.
- The district court granted a preliminary injunction barring statewide enforcement of the statute, finding the restaurant was substantially likely to succeed on its First Amendment overbreadth and vagueness claims.
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Why it matters
The universal-injunction holding is the practical headline: any litigant seeking to enjoin enforcement of a Florida statute in federal court can no longer obtain relief extending to nonparties, and the court expressly… — full analysis with a trial
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