The 11th U.S. Circuit Court of Appeals in Georgia is facing a unique challenge as it considers the constitutionality of a 2023 Florida law restricting children’s attendance at drag shows: Is the case moot now that the Orlando restaurant that initially challenged the law has closed its doors?
Hamburger Mary’s, the restaurant at the center of the lawsuit, shut down its Orlando location in June. However, attorneys for the restaurant argue that the case is far from over.
In a brief filed Monday, they emphasized that Hamburger Mary’s continues to produce drag shows at other venues and intends to reopen in Kissimmee with the same “drag-centric” business model.
The legal battle began in 2023 when Hamburger Mary’s successfully obtained a preliminary injunction against the law from U.S. District Judge Gregory Presnell, who deemed it a violation of First Amendment rights. The state subsequently appealed the decision.
The law, championed by its sponsors as the “Protection of Children” bill, aims to prevent children from attending “adult live performances,” broadly defined to include shows with nudity, sexual conduct, or lewd behavior.
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While not explicitly mentioning drag shows, the law followed a crackdown by Governor Ron DeSantis’ administration on venues hosting such performances.
Judge Presnell argued that the law specifically targets drag queen performers and that existing statutes already protect children from obscene content. He pointed to the irony of allowing minors to attend R-rated movies with parental consent while restricting access to drag shows.
The appeals court, which heard arguments in October, is now tasked with determining whether the case is moot given Hamburger Mary’s closure and relocation plans.
Attorneys for the state have until January 21st to file their response.
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