Florida restaurant Hamburger Mary's sues DeSantis for law restricting drag performances
Samantha NeelyLess than a week after Florida Gov. Ron DeSantis signed a bill that targets drag performances, one popular Orlando restaurant that regularly features drag shows is pushing back.
Hamburger Mary's filed a federal lawsuit against the state of Florida and Gov. Ron DeSantis on Monday, claiming this new legislation has hurt their businesses significantly and targeted the LGBTQ community.
DeSantis has made anti-LGBTQ legislation a big part of his platform as he prepares to seek the Republican nomination for president. He recently signed four bills that directly or indirectly target transgender people and the broader LGBTQ community.
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What is Hamburger Mary's?
Hamburger Mary's Bar & Grille is a drag-themed burger restaurant with roots in San Fransico. Since 1972, the popular LGBTQ spot has opened more than a dozen locations around the U.S., with the Orlando restaurant opening in 2008.
Keeping with its quirky vibes, the restaurant hosts several themed events and drag brunches for the community.
What is Hamburger Mary's suing DeSantis for?
Hamburger Mary's is filing a federal lawsuit against the state of Florida and DeSantis, claiming the bill is a violation of its First Amendment rights
Orlando co-owners Mike Carpenter and John Paonessa share in their lawsuit that they were forced to cancel a Sunday series of family-friendly performances and that families have already stopped coming to the restaurant, citing a 20% drop in reservations. The lawsuit also mentions the law is too vague and limits free speech.
In a Facebook post, the owners further elaborate they feel this bill has nothing to do with children and "everything to do with the continued oppression of the LGBTQ+ community."
"Anytime our legislators want to demonize a group, they say they are coming for your children. In this case, creating a false narrative that drag queens are grooming and recruiting your children with no factual basis or history to back up these accusations at all," the post says.
"Our transgender friends are being vilified because our legislators will not take the time to understand the importance of gender-affirming care for these people. With depression and suicide, it can mean the difference between life and death."
What does the dubbed 'Florida anti-drag' bill say?
The legislation in question is Florida's SB 1438, which prohibits children from attending “adult live performances."
The bill, introduced by Sen. Clay Yarborough in April, doesn't explicitly call out drag shows or Pride parades in the text. Instead, it focuses on defining content related to sexuality that might be included in such events or “any show, exhibition, or other presentation that ... depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”
Supporters of the measure argue it’s necessary to shield children from live performances that aren't age-appropriate, many claiming these shows are exposure to live pornography. Opponents say the vague language will be used to target family-friendly drag shows and Pride events while further marginalizing the LGBTQ community.
What Florida SB 1438 does:
- Governmental entities barred from issuing public permits to anyone that would violate the law — The bill blocks governmental entities such as any state, county, district, etc. from issuing a permit or otherwise authorizing someone to hold a performance that may violate the new law.
- Businesses that admit kids to an “adult live performance” could face fines or have their license revoked or suspended — Violating the law could result in businesses paying fines up to $10,000 and having their license to conduct business revoked or suspended.
What is the definition of drag?
Drag is an art form in which a person dresses in elaborate clothing and makeup designed to present an exaggerated, over-the-top version of a man or woman, often of the opposite sex.
Dive into the definition of drag:What is drag? Is Florida banning drag shows?
The history of drag dates back centuries, with ancient plays in Greece including men dressing as women and traditional mummer's plays in Britain requiring the art form. As the 19th century wandered in, female impersonators began performing in vaudeville shows as individual acts rather than part of a larger play, taking the practice from simple cross-dressing to performance.
Drag was a big part of the underground New York City ballroom culture during the Harlem Renaissance in the 1920s and became associated with the marginalized and hidden LGBTQ+ community.
In recent times, drag culture has been positively featured in pop culture, from "To Wong Foo, Thanks for Everything, Julie Newmar," to "RuPaul's Drag Race." Nationwide, drag shows have become commonplace and widespread.
When does the law take effect?
SB 1438 will officially go into effect on July 1 of this year.
What other recent legislation has DeSantis aimed at drag performers and LGBTQ residents?
DeSantis signed three other bills, along with SB 1438, on May 19 that directly or indirectly target transgender people and the broader LGBTQ community:
Florida SB 254 - restricts gender-affirming care for transgender adults and children, and was condemned as Florida’s “abduction” bill by opponents who claim it allows children to be “legally kidnapped” by disagreeing parents.
HB 1557 - Dubbed the "Don't Say Gay" law by critics, Florida’s controversial Parental Rights in Education Act has been expanded to now include fourth through 12th grades.
Florida HB 1521 - requires people to use bathrooms that line up with their sex assigned at birth.
Has the bill led to any drag-based establishments or events getting shut down?
SB 1438 and the state’s crackdown on children at drag shows have already led to the cancellation or scaling back of some Pride events in Florida, including: