A restaurant owner in Florida’s Orlando has sued the state and Governor Ron DeSantis over a bill that restricts drag show performances. Hamburger Mary’s in Orlando has hosted “family friendly” drag shows since 2008, and the owner claims that the bill signed into law by DeSantis violates its First Amendment rights to free expression. The owner on Thursday filed a lawsuit in federal court.
Hamburger Mary’s claimed that none of its drag shows featured sexually explicit demonstrations, thus making the event children-friendly. The lawsuit filed by Hamburger Mary’s read, “the performances are suitable for children, as there is no lewd activity, sexually explicit shows, disorderly conduct, public exposure, obscene exhibition, or anything inappropriate for a child to see.”
However, the bill passed by the state of Florida imposes a blanket ban on the involvement of children in such drag shows. According to a statement by Hamburger Mary’s, “The statute is too vague and overly broad, thereby limiting expression in violation of the First Amendment”.
The new law mandates the suspension of the licences of such businesses that allow children to perform at drag shows. According to the lawsuit, the business has lost 20 per cent of its customers since the new law has been passed.
What are Florida’s new laws concerning the LGBTQ+ community
Florida State Bill DB 254: The bill aims to impose limitations on gender-affirming healthcare available to individuals below 18 years of age. Under this proposed legislation, the state would have the authority to temporarily take custody of any child who receives such medical treatment.
The bill explicitly states, “Patients who are below 18 years of age are prohibited from receiving sex-reassignment prescriptions and procedures.”
House Bill 1069: In addition to this bill, House Bill 1069 is set to expand the existing Parental Rights in Education law, which has been criticised by opponents as the “Don’t Say Gay” law. The updated measure seeks to restrict classroom teachings related to gender identity or sexual orientation from prekindergarten through 8th grade. For students in grades 9 to 12, any such content should be “age-appropriate or developmentally appropriate, in accordance with state standards.”
House Bill 1521: Furthermore, House Bill 1521 is proposing a requirement for transgender individuals to utilise restrooms that align with the gender assigned to them at birth.
Senate Bill 1438: Another bill, Senate Bill 1438, aims to prohibit minors from attending any form of “adult live performances,” potentially affecting drag performances. The legislation defines “adult live performance” as any live presentation before an audience that involves depictions or simulations of nudity, sexual conduct, sexual excitement, specific sexual activities, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts. Additionally, it includes various provisions regarding the interest, conduct, and value of such performances.
