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Hamburger Mary’s sues Florida, claims adult performance law hurting business

A drag show at Hamburger Mary's in Orlando. (Erik Sandoval, Erik Sandoval)

ORLANDO, Fla. – A bill Gov. Ron DeSantis signed into law involving adult entertainment and children, including drag shows, is already having a detrimental effect on at least one Orlando business and it is suing to stop the bill.

Hamburger Mary’s in Orlando, famous for its burgers and drag shows, is suing the state of Florida and DeSantis in federal court, claiming the bill is a violation of their First Amendment rights, Local 10 Orlando news partner WKMG reports.

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The law in question, SB 1438, Protection of Children, penalizes venues that allow children to an “adult live performance” by suspending or revoking their business licenses.

The restaurant in downtown Orlando said it used to host a family-friendly drag brunch on Sundays.

The owners of the restaurant claim the state’s law is too vague and broad to satisfy the requirements of the First Amendment to the U.S. Constitution, and that has a chilling effect on protected speech.

“The language used in the statute is meant to be and is primarily vague and indistinct. It does not mention “drag” by name but it is so broad as to include this art form in the state’s interpretation under the newly created or amended laws in question,” the lawsuit said.

Hamburger Mary’s owners said once they told customers that children would no longer be permitted at any of its drag shows, bookings in May fell 20%.

The plaintiffs are seeking an injunction to block the implementation of the law.

SB 1438 and the state’s crackdown on children at drag shows has already led to the cancellation of some gay pride events in Florida, including the one in St. Cloud.

Read the lawsuit:

About the Author
Christie Zizo headshot

Christie joined the ClickOrlando team in November 2021.

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