Hamburger Mary’s Shuts Down Florida Drag Ban In Court…Yassss!

Hamburger Mary's Shuts Down Florida Drag Ban In Court...Yassss!

Ron DeSantis and the Florida government just won't leave drag queens alone. WTF? Well, after all that hot air and public attacks on the drag community and attempting to ban drag shows for fear that minors might be witnesses, an appellate court has put a stop to all the shenanigans.

In 2023, Florida passed SB 1438, a law making it a misdemeanor to expose youth to live performances that are considered adult and obscene in nature. Although the law doesn't categorize drag shows in particular, the general wording is pretty obvious: “lewd exposure of prosthetic or imitation genitals or breasts when it predominantly appeals to a prurient, shameful or morbid interest.” And Florida's Governor Ron DeSantis has often commented that it is indeed to put an end to "those drag shows."

So, who came to save the day in protecting drag in the courts? Hamburger Mary's! For those of us gays living in major cities, we are familiar with the Hamburger Mary's franchise. The chain is known for a family-friendly atmosphere, bar food, and plenty of drag queens. They challenged the ban in court, stating that it was affecting their business and that it was ultimately a violation of free speech rights. Hamburger Mary's is not all owned by the same owners, but they all are required to adhere to franchise aesthetic, mission, and queer community support.

The Orlando site of Hamburger Mary's stated that they lost 20% of their bookings and were at risk of losing their liquor license. In fact, the Orlando location had to close, announcing that they were going to move the restaurant to Kissimmee. They still went to court to challenge the law, and the US Court of Appeals voted 2 to 1 in favor of Mary's, saying that yes, it was a violation of the First Amendment. One of the judges stated: “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,” Rosenblaum said. “And Florida’s history of arbitrarily enforcing other, similar laws against performances that are far from obscene only deepens our concerns.”

NEW: 11th Circuit Appeals Court affirms Florida’s anti-drag law is “likely unconstitutional” censorship of free speech and blocks its enforcement statewide as trial continues.

This is another win for the First Amendment and for real freedom! ️‍ https://t.co/DH0JYyVWHw pic.twitter.com/utDPL58MRy

— Senator Carlos Guillermo Smith (@CarlosGSmith) May 13, 2025

DeSantis' faction said that they were going to stop at nothing to get the court's decision overturned. They again stated that drag shows were akin to performing sexual routines in front of youth. Sure, Jan. They now have to go to the Supreme Court to get it overturned. If the ban is upheld at that level, it could send a domino effect across the nation, affecting states' views and regulations on drag shows. This is such an ugly time for our community. Go to your drag shows, spend your dollars, who knows what's up ahead.

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