Gov. Ron DeSantis’ administration has gone to the U.S. Supreme Court in a fight about a ruling in favor of Hamburger Mary’s in downtown Orlando that blocked statewide a new law aimed at preventing children from attending drag shows.

The state’s attorneys want the Supreme Court to block an injunction by U.S. District Judge Gregory Presnell that keeps the law from taking effect.

Presnell issued the injunction in a lawsuit filed by the restaurant but also applied it to venues statewide. The partial stay, if granted, would allow the law to be enforced against all venues except Hamburger Mary’s while an underlying appeal of Presnell’s ruling plays out.

A panel of the 11th U.S. Circuit Court of Appeals rejected doing that on Oct. 11. Attorneys representing Florida Department of Business and Professional Regulation Secretary Melanie Griffin took the issue to the Supreme Court last week.

“This is not a class action, and there is but one plaintiff: a restaurant in Orlando, Florida, known as Hamburger Mary’s, which claims that the statute unconstitutionally deters it from presenting to children live drag shows that are not sexually explicit,” the state’s attorneys wrote in the Supreme Court filing. “Extending that relief to others not before the court did nothing to alleviate Hamburger Mary’s asserted injury and exceeded the district court’s remedial authority.”

But in a July decision rejecting a request for a partial stay, Presnell wrote that the state was trying to “neuter the court’s injunction” by having it apply only to Hamburger Mary’s.

“Protecting the right to freedom of speech is the epitome of acting in the public interest,” Presnell wrote. “It is no accident that this freedom is enshrined in the First Amendment. This injunction protects the plaintiff’s interests, but because the statute is facially unconstitutional, the injunction necessarily must extend to protect all Floridians.”

The law would prevent venues from admitting children to adult live performances. It defines adult live performances as “any show, exhibition, or other presentation that is performed in front of a live audience, which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement or specific sexual activities … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”

Regulators would be able to suspend or revoke licenses of restaurants, bars and other venues that violate the law. People could face first-degree misdemeanor charges for “knowingly” admitting children to adult live performances.

While the law does not specifically mention drag shows, it came after the DeSantis administration cracked down on venues in South Florida and Central Florida where children attended drag shows. It also passed this spring amid a wave of bills in Florida and other Republican-led states targeting LGBTQ issues.

Hamburger Mary’s, which said it had run “family friendly” drag shows for 15 years, filed the lawsuit in May, and Presnell ruled June 23 that the law was unconstitutional under the First Amendment.

Whatever the result of the request for a partial stay, the state’s challenge to Presnell’s overall ruling on the case remains pending at the 11th U.S. Circuit Court of Appeals.