Florida Restaurant Owners Sue Governor Ron DeSantis Over Drag Ban

Florida Restaurant Owners Sue Governor Ron DeSantis Over Drag Ban
Image: (Left) Hamburger Mary's float at Orlando Pride 2022 and (right) US Presidential candidate Ron DeSantis. Images: Facebook.

A Florida restaurant has decided to take on Governor and potential US Presidential candidate Ron DeSantis over the state’s new rules restricting public drag shows. 

Mike and John, owners of Hamburger Mary’s in Orlando, which features family-friendly drag performances said they had filed a lawsuit against the State of Florida and Governor DeSantis. 

Earlier this year, DeSantis had signed  Senate Bill 1438 (SB 1438) into law, which according to the American Civil Liberties Union (ACLU) empowers “state agencies the power to target LGBTQ+ friendly businesses by giving the Department of Business and Professional Regulation discretionary authority to fine, revoke liquor licenses, and even shut down establishments.”

Florida Law Oppresses LGBTQI Communities, Say Restaurant Owners

The law, dubbed the ‘Protection of Children’ Act also makes it a crime to admit young people to performances that feature drag performers, even if they are permitted by their families. 

“This bill has nothing to do with children, and everything to do with the continued oppression of the LGBTQ+ community,” Jon said in a post on the restaurant’s Facebook page. 

“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!”

“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,” said John, adding, “The state is taking over our educational system and removing any books, courses or content that has anything to do with LGBTQ+.”

When Does It Stop?

“Removing courses that have any reference to African American History. When does it stop? They are setting a precedent that the state legislature can decide what is best for you based on their own values and convictions, and write it into law. We’ve spent too many years moving forward. We can’t go back! I hope we have your support,” said John. 

In a statement, after the law was passed by the Florida Senate, ACLU’s legislative director and senior policy counsel Kara Gross, said that it was a “blatant attempt to erase drag performers and silence the LGBTQ+ community.”

“Parents, not politicians, have the right to decide how to raise their children and what they are allowed to view. This harmful bill effectively revokes the rights of parents to determine what content is appropriate for their own families, even their teenagers. As if book bans and curriculum censorship weren’t enough, the Florida Legislature is now imposing its views on parents and families at the cost of LGBTQ+ people,” said Gross. 

Vaguely Worded Law, Says ACLU

ACLU warned that the “unclear and vaguely worded bill” would  impact “businesses and venues that host plays, musical performances, art exhibits, and other forms of expression that the state may subjectively deem inappropriate.”

“Will parents be able to take their families to the opera if there are singers performing in roles that require cross-dressing? What about Shakespeare’s performances? Furthermore, all it would take is a teen with a fake ID for a business owner to lose everything. We have grave concerns that businesses may end up self-censoring rather than running afoul of the law and risk losing their licence or becoming entangled with the criminal legal system,” said Gross.

“With this bill, Gov. DeSantis and certain politicians are imposing their personal beliefs on Floridians by punishing private businesses that support the LGBTQ+ community. The Governor likes to tout that he is ‘pro-businesses,’ but this bill is anything but that. This is an extreme governmental overreach of power. This is not democracy. This is not freedom,” added Gross.



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