Owners of Hamburger Mary’s, a drag-themed establishment in Orlando, Fla., announced May 23 that they are suing the state of Florida over Senate Bill 1438, also known as the “Let Kids Be Kids” bill.
“After many days of consideration, Mike Rogier and I have made the decision to file a lawsuit against our Governor for his signing of Senate Bill 1438 - Protection of Children,” said a post on the drag club’s Instagram page. “This bill has nothing to do with children, and everything to do with the continued oppression of the LGBTQ+ community.”
John Paonessa is also listed as an owner in the suit, per TODAY.
Florida Gov. Ron DeSantis – who recently announced his 2024 presidential campaign – has been an outspoken supporter of legislation focused on LGBTQ issues, from the notorious “Don’t Say Gay” legislation to threats of revoking licenses of doctors who perform gender-affirming surgery.
“Florida is proud to lead the way in standing up for our children,” DeSantis said, according to a press release about Senate Bill 1438 and other legislation. “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy.”
This legislation prevents children from entering drag shows and imposes fines as well as license suspension for establishments that do not comply.
“Anytime our [legislators] want to demonize a group, they say they are coming for your children,” said Hamburger Mary’s post. “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 post also expressed solidarity with the transgender community, which is targeted by Florida’s Senate Bill 254 prohibiting various types of gender-affirming medial care for minors. According to a study published last year in JAMA, “gender-affirming medical interventions were associated with lower odds of depression and suicidality over 12 months,” results that add to exiting evidence in support of gender-affirming care.
Hamburger Mary’s Bar & Grille has locations across the country, but the Orlando location is the only one involved in the suit. It opened in 2008.
Paonessa told TODAY he believes the public’s reaction to SB 1438 had an instant effect on business. Overall, he said the bar lost around 20% of its bookings.
“When it was first announced that the governor had signed the bill, we saw a pretty immediate reaction from our customers who had reservations already on the books,” Paonessa said. “Many of them, especially for our Sunday show, bring their kids, and since they couldn’t bring the kids, they canceled.”
TODAY said that it reached out to the state of Florida, DeSantis and Secretary of the State Department of Business and Professional Regulation Melanie Griffin, all named as defendants in the suit, who did not immediately respond.
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