Hamburger Mary's Orlando Sues Florida, DeSantis After Anti-Drag Bill

ORLANDO, FL — Hamburger Mary's, a national restaurant chain that regularly features drag shows, has filed a lawsuit against Florida and Gov. Ron DeSantis a week after the governor signed a bill targeting drag performances, according to reports.

The suit, filed in federal court by the owner of Hamburger Mary's Orlando, claims the state is violating the business' First Amendment right to free expression, the Associated Press reported. The lawsuit also asks the court to stop the law from taking effect while the case moves forward.

DeSantis has made anti-LGBTQ+ legislation a large part of his agenda as he prepares to seek the Republican presidential nomination.

Last week, DeSantis signed SB 1438 — also called Protection of Children — which bans children from attending "sexually explicit adult performances in all venues — including drag shows and strip clubs," according to a news release from the governor's office. Hotels and restaurants that allow children to attend adult performances risk being fined or having their licenses suspended.

DeSantis also signed laws that banned gender-affirming care for minors, restricted discussion of personal pronouns in schools and forced people to use certain bathrooms.

• Related: New FL Laws Target Drag Shows, Gender-Affirming Care For Trans Kids

According to the lawsuit obtained by the AP, Hamburger Mary's hosts “family-friendly” drag shows on Sundays; however, the suit claims the new law has forced them to ban children from all shows, leading to a 20 percent drop in Sunday bookings.

Hamburger Mary’s Bar & Grille has more than a dozen locations around the United States, according to AP. The Orlando restaurant opened in 2008 and is owned by Mike Carpenter and John Paonessa.

In a Facebook post, the owners said they feel the state's drag show law 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 Facebook post said. "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."

Florida has spent too many years moving forward to go back, the partners said.

DeSantis, who is closest to GOP frontrunner and former President Donald Trump in national polling, is expected to officially enter the presidential race this week, The New York Times reported.

The newspaper said DeSantis is expected to file paperwork declaring his candidacy with the Federal Election Commission before a May 25 fund-raising meeting with donors in Miami. By law he must formally enter the race before he can solicit presidential campaign donations.