[ID: screen shots of an Article titled: âHamburger Maryâs wins court victory against Ron DeSantisâ drag ban.â subtitle: âThe judge call the law âvague and overbroad,â saying it could apply to burlesque shows or a skit at a family BBQ.â
The restaurant chain Hamburger Maryâs, which features drag waitresses and family-friendly drag performances, has won a legal victory after convincing a federal judge to place a temporary injunction against Floridaâs drag ban. The law will be blocked until a court case decides on the banâs constitutionality.
The ban, signed by Florida Gov. Ron DeSantis (R) on May 17, allows the state Department of Business and Professional Regulation to revoke the business licenses of any venues that allow minors to see drag performances, even if their parents consent, as well as issue $5,000 and $10,000 fines against the business. Anyone who violates the law can be charged with a criminal misdemeanor.
Hamburger Maryâs sued DeSantis on May 23, saying that the law targeted the businessâs First Amendment rights to free speech. In the lawsuit, the company said it had lost 20% of its reservations since announcing that minors could no longer dine at the restaurant in the presence of drag performers.
In his ruling, federal Judge Gregory Presnell pointed out that the lawâs text specifically forbids children from seeing live performances featuring âlewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts,â but the law neither defines what is considered âlewdâ nor what constitutes a âlive performance.â
âA live performance⌠could conceivably range from a sold-out burlesque show to a skit at a backyard family barbecue,â Presnell wrote. âWhat are the implications for cancer survivors with prosthetic genitals or breasts?â
As a result of this âvague and overbroadâ language, Presnell added, Hamburger Maryâs and other businesses âcannot know with any confidence whether its shows will expose it to liability under the Act.â In his ruling, federal Judge Gregory Presnell pointed out that the lawâs text specifically forbids children from seeing live performances featuring âlewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts,â but the law neither defines what is considered âlewdâ nor what constitutes a âlive performance.â âA live performance⌠could conceivably range from a sold-out burlesque show to a skit at a backyard family barbecue,â Presnell wrote. âWhat are the implications for cancer survivors with prosthetic genitals or breasts?â As a result of this âvague and overbroadâ language, Presnell added, Hamburger Maryâs and other businesses âcannot know with any confidence whether its shows will expose it to liability under the Act.â
The judge then cites the billâs sponsor, state Rep. Randy Fine (R), who said that his bill would âprotect our children by ending the gateway propaganda to this evil â âDrag Queen Story Time.'â The judge also pointed out that any concern about the law protecting children ârings hollowâ seeing as state law âpermits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian.â
This ruling marks the third recent loss for DeSantisâ anti-LGBTQ+ laws. Another federal judge recently issued two rulings against Floridaâs ban on gender-affirming healthcare for transgender youth. /end]