Florida restaurant sues Gov. Ron DeSantis over state’s drag ban

Hamburger Mary’s in Orlando sues DeSantis over state’s anti-drag law - The Washington Post

This week, Hamburger Mary’s in Orlando had far fewer bookings than usual for its weekly “Broadway Brunch” on Sunday.

But this Sunday, the restaurant had told patrons that children could no longer attend the long-standing show because it included drag performers.

The change came after Florida Gov. Ron DeSantis (R) on May 17 signed a bill that would fine or suspend the licenses of hotels and restaurants that allow children to attend “sexually explicit adult performances,” which include drag shows.

After the law took effect that same day, the Orlando Hamburger Mary’s said it lost a fifth of its bookings.

The restaurant is suing, saying that if the law continues to stand, it would deprive Hamburger Mary’s of its First Amendment rights to free speech and expression.

Filed Monday in the U.S. District Court for the Middle District of Florida, the federal complaint names as defendants the state of Florida, DeSantis and Melanie Griffin, the secretary of the Florida Department of Business and Professional Regulation.

The Florida law “is broad enough to encompass even the most innocent drag performances, to reach into the private homes of Florida citizens, and to determine on behalf of parents what is and is not appropriate entertainment for their children,” the lawsuit says.

In a statement posted to the restaurant’s Facebook page on Monday, one of its co-owners wrote that the bill “has nothing to do with children, and everything to do with the continued oppression of the LGBTQ+ community.”

The offices of DeSantis and Griffin did not respond to requests for comment.

Earlier this month, DeSantis signed H.B. 1438 as part of a larger package of bills that codified anti-LGBTQ measures. The bills ban certain gender-affirming care for children, require restrooms in public buildings to be based on “biological sex,” and prohibit curriculums about sexual orientation and gender identity in pre-K classrooms through the eighth grade.

“Florida is proud to lead the way in standing up for our children,” DeSantis said in a news release. “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy.”

As H.B. 1438 took effect, Florida joined Tennessee— the first state to sign a similar bill into law before a judge temporarily blocked it — in targeting drag performances in legislation. Across the country, at least 14 states were looking to ban or restrict drag performances at the start of this year’s legislative session.

Hamburger Mary’s in Orlando has hosted events with drag performers — including trivia, bingo and comedy sketches — since it opened in 2008, according to the lawsuit.

The Sunday show, it states, has “no lewd activity, sexually explicit shows, disorderly conduct, public exposure, obscene exhibition, or anything inappropriate” for children, adding that it is a “form of family entertainment.”

The Sunday performance and others hosted at the restaurant have been open to people of all ages, the complaint says.

Since H.B. 1438 took effect, the restaurant has canceled its family drag shows.

“They simply cannot take the chance that their business or liquor licenses would be suspended for hosting a drag show where children attend,” the lawsuit states.

It alleges the law will have a “chilling effect” on the First Amendment rights of Florida residents.

In the online statement, the Orlando Hamburger Mary’s co-owner wrote that H.B. 1438 sets a precedent for legislators to “decide what is best for you” based on their values.

“We’ve spent too many years moving forward,” the statement said. “We can’t go back!”