By continuing to use our site, you agree to our Privacy Policy and Terms of Use.
Hamburger Mary’s of Orlando, a restaurant in Central Florida that featured drag queen story hours open to all ages, sued over the law in federal court in 2023, shortly after DeSantis signed the legislation into law.
Judges sided with queer establishment Hamburger Mary's lawsuit against the state.
A federal appellate court delivered the latest blow to Florida’s anti-drag law. The decision from the 11th Circuit Court of Appeals upholds a lower court ruling that struck down a law signed by Gov. Ron DeSantis.
Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate's email newsletter.
A majority opinion written by U.S. Circuit Judge Robin S. Rosenbaum agrees with a lower court finding that the law is too vague.
“Florida’s SB 1438 (the ‘Act’) takes an ‘I know it when I see it’ approach to regulating expression,” the opinion reads. “The Act prohibits children’s admission to ‘live performances’ that Florida considers obscene for minors. But by providing only vague guidance as to which performances it prohibits, the Act wields a shotgun when the First Amendment allows a scalpel at most.”
Judges agreed Florida's history of persecution of venues hosting drag queens gave businesses legitimate fear of state retribution that could cause monetary harm and infringe on First Amendment rights.
"Florida passed the Act presumably to solve a problem that the other statutes didn’t already address. So whatever the scope of the Act’s proscriptions, they likely extend beyond the obscenity statutes that (Florida Department of Business and Professional Regulation) already previously enforced against drag shows," the ruling notes.
Rosenbaum was appointed to her current seat on the bench by former President Barack Obama.
Related: Judge said Naples Pride can be held in the sunshine for all ages
Hamburger Mary’s of Orlando, a restaurant in Central Florida that featured drag queen story hours open to all ages, sued over the law in federal court in 2023, shortly after DeSantis signed the legislation into law.
“This bill has nothing to do with children, and everything to do with the continued oppression of the LGBTQ+ community,” read a statement from the restaurant at the time. “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!”
Unfortunately, the Orlando location closed last year, but other locations remain open around the country. A Jacksonville location is still listed on the chain’s website.
The state previously asked the Supreme Court to intervene in the case and allow the law to be enforced on businesses except for the Orlando location of Hamburger Mary’s, but justices ruled 6-3 against the state.
