ORLANDO, Fla. — Legendary LGBTQ+-friendly restaurant chain Hamburger Mary’s is suing Florida Governor Ron DeSantis over one of his anti-drag laws, alleging his blanket ban against “children attending adult live performances” is affecting its business in Orlando and violating its free speech.
The owners of Hamburger Mary’s filed the federal lawsuit in the U.S. District Court for the Middle District of Florida on Monday. They are seeking to halt the enforcement of the Republican governor and presumed presidential candidate’s SB 1438.
Last week, DeSantis went on yet another bill-signing spree affecting the lives of LGBTQ+ Floridians, “taking aim at transgender treatments for minors, pronouns in schools, bathroom use and children attending drag shows,” the Orlando Sentinel reported.
The changes “included penalties for venues letting children into adult live performances and potential first-degree misdemeanor charges for violators,” the report continued.
Hamburger Mary’s lawsuit also names Florida’s Department of Business and Professional Regulation Secretary Melanie Griffin as defendant.
Threatening Prosecution Over Free Speech
Hamburger Mary’s restaurants — world-famous for its West Hollywood, California location — have long hosted popular drag performances, include bingo, trivia, comedy, and a “family friendly” Sunday brunch show
After De Santis’ law was signed, the Orlando Sentinel reported, Hamburger Mary’s “told customers that children would not be allowed at any drag shows and it lost 20% of its bookings for Sunday and future events.”
According to the lawsuit, Hamburger Mary’s owners “simply cannot take the chance that their business or liquor licenses would be suspended for hosting a drag show where children attend. In addition, the criminal penalties of the law put individuals at risk of prosecution because of the content of their speech.”
The broad, sweeping nature of the law, and the vagueness regarding what conduct is and is not prohibited, the lawsuit alleges, “will have a chilling effect on the First Amendment rights of the citizens of Florida.”