A Florida law that bars children from attending drag shows depicting simulated nudity or certain sexual activities remains unenforceable as a result of a federal appeals court decision handed down earlier this month.

The 11th Circuit Court of Appeals on Oct. 11 upheld a federal district court’s decision to enjoin Senate Bill 1438, which the Legislature passed earlier this year. The measure would have provided for a fine of not more than $1,000 and imprisonment of up to one year for those who admit a child to such a live performance. In addition, restaurants, lodging establishments and venues with beverage licenses could lose their licenses under the law’s provisions, according to the state Legislature’s analysis of the bill.

The case before the federal appeals court involved the owner of an Orlando restaurant called Hamburger Mary’s, which often stages “family friendly” drag shows and comedy sketches where children are welcome.