As legal battles continue over a controversial 2023 Florida law aimed at restricting minors from attending drag shows, a new question has arisen: does Hamburger Mary’s closure of its Orlando location render its challenge to the law moot?
The restaurant’s operators argue the answer is no. In a recent filing to the 11th U.S. Circuit Court of Appeals, Hamburger Mary’s attorney Melissa Stewart maintained that the case remains valid.
Despite closing its Orlando doors in June, the business has continued producing drag shows at other venues and plans to resume its drag-centric model at a new location in Kissimmee.
“Once reopened, Hamburger Mary’s intends to operate with the same business model and age policies as its Orlando location,” Stewart wrote. She stressed that, because the Florida Department of Business and Professional Regulation (DBPR) enforces the law statewide, the Kissimmee location faces the same legal risks of enforcement.
The 2023 law, known as the “Protection of Children” bill, prohibits minors from attending “adult live performances,” defined to include depictions of nudity or lewd conduct.
While the statute does not specifically mention drag shows, it followed a crackdown by Governor Ron DeSantis’ administration on venues hosting drag events that allowed children.
U.S. District Judge Gregory Presnell previously issued a preliminary injunction, halting enforcement of the law and stating it violated First Amendment protections. In his ruling, Presnell criticized the law’s selective targeting of drag performers, pointing out that existing state laws already restrict obscene performances.
“The concern about exposing children to ‘adult live performances’ rings hollow when Florida law permits minors to attend R-rated films, which often feature similar or more objectionable content,” Presnell wrote.
The state appealed Presnell’s decision, and oral arguments were heard in October. However, in November, the court requested additional briefs on Hamburger Mary’s planned reopening to determine whether the appeal is moot. The state’s response is due by January 21.
For Hamburger Mary’s, reopening amid ongoing litigation is a “monumental task,” according to Stewart. The restaurant hopes the court will resolve the legal uncertainty surrounding its business model.
“Reopening Hamburger Mary’s is more essential than ever,” Stewart emphasized. “This litigation will determine whether its core operations are legal in Florida.”
Hamburger Mary’s, known for hosting “family-friendly” drag shows for over 15 years, has faced delays in its plans to reopen in Kissimmee. Nonetheless, the operators remain committed to challenging the law, which they argue unfairly targets LGBTQ+ performers and businesses.
The drag show restrictions are part of a wave of legislation in Florida and other states addressing transgender issues. Critics argue these laws are designed to marginalize LGBTQ+ communities, while proponents claim they protect minors from exposure to inappropriate content.
As the legal battle unfolds, Hamburger Mary’s and its supporters hope to set a precedent affirming the rights of drag performers and LGBTQ+ businesses under the First Amendment.
The upcoming decision will not only impact Hamburger Mary’s but could shape the future of drag entertainment and LGBTQ+ visibility in Florida’s public spaces.
