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Yahoo
13-05-2025
- Politics
- Yahoo
Appeals court sides with Hamburger Mary's in suit challenging Florida drag show law
ORLANDO, Fla. — An Orlando restaurant won a significant court victory against Gov. Ron DeSantis Tuesday with a federal appeals panel rejecting a Florida law aimed at keeping children out of drag shows, saying it was overly broad and likely unconstitutional. Judges sided with Hamburger Mary's, a drag-themed eatery, in a 2-1 decision. The restaurant sued DeSantis and Florida's Department of Business and Professional Regulation in 2023, arguing the state law passed that year bars children from even the 'most innocent drag performances.' Writing for the majority, Judge Robin S. Rosenbaum said the law's language wasn't specific enough to meet First Amendment standards. '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,' said Rosenbaum's 81-page majority opinion joined by Judge Nancy Abudu. 'And Florida's history of arbitrarily enforcing other, similar laws against performances that are far from obscene only deepens our concerns.' The state appealed to the 11th U.S. Circuit Court of Appeals after a lower court issued a preliminary injunction blocking the law. In a statement, DeSantis spokesman Brian Wright blasted the appeals court's decision as an 'egregious overreach by a federal court' that prohibits the state 'from enforcing a common sense law.' 'No one has a constitutional right to perform sexual routines in front of little kids,' he said. 'We will do everything possible to have this lawless decision overturned.' But John Paonessa, co-owner of Orlando's Hamburger Mary's restaurant, said laws were already on the books to protect children from sexually explicit content. He said he thinks the intention of the 2023 law was to intimidate venues from letting children into any event featuring performers in drag. 'For them lewd and inappropriate is just a drag queen dressed in clothes not exposing anything,' he said. 'That to them is too much.' Though supporters argued the law, dubbed the 'Protection of Children Act,' was needed to shield children from sexually explicit performances, critics blasted it as targeting the LGBTQ+ community with unclear language that could endanger drag brunches and even the 'Mrs. Doubtfire' musical. Hundreds of drag performers marched in Tallahassee in protest of the legislation. The statute doesn't explicitly mention drag shows. Instead, it prohibits minors from attending an 'adult live performance' that 'depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities,' including 'the lewd exposure of prosthetic or imitation genitals or breasts.' The law came after a DeSantis administration crackdown on venues where children attended drag shows. Hamburger Mary's was forced to ban children from what the restaurant called its family-friendly shows, resulting in a 20% drop in Sunday bookings, according to the restaurant's suit. In the opinion, judges referenced Miami's iconic Coppertone sunscreen billboard to bolster their argument. The ad shows 'a girl, perhaps age seven, or so, with a dog pulling at her swimsuit, revealing her pale posterior and its contrast with her tanned skin,' Rosenbaum wrote. 'Would a depiction like the Coppertone logo be 'patently offensive' for a five-year-old? An eight-year-old? How about a seventeen-year-old? We don't know, and we don't think the burden should be on speakers to find out,' she wrote. Judge Gerald Bard Tjoflat dissented, writing he thought the majority went too far and 'reads the statute in the broadest possible way, maximizes constitutional conflict, and strikes the law down wholesale.' Tjoflat wrote the court should engage the law's text 'in good faith and with the presumption that the Legislature did not intend to infringe on constitutional rights.' Last year, Hamburger Mary's shuttered its location on Church Street in downtown Orlando. Owners said in January they are hoping to reopen in Kissimmee. _____
Yahoo
13-05-2025
- Politics
- Yahoo
Appeals court sides with Hamburger Mary's in suit challenging drag show law
An Orlando restaurant won a significant court victory against Gov. Ron DeSantis Tuesday with a federal appeals panel rejecting a Florida law aimed at keeping children out of drag shows, saying it was overly broad and likely unconstitutional. Judges sided with Hamburger Mary's, a drag-themed eatery, in a 2-1 decision. The restaurant sued DeSantis and Florida's Department of Business and Professional Regulation in 2023, arguing the state law passed that year bars children from even the 'most innocent drag performances.' Writing for the majority, Judge Robin S. Rosenbaum said the law's language wasn't specific enough to meet First Amendment standards. '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,' said Rosenbaum's 81-page majority opinion joined by Judge Nancy Abudu. 'And Florida's history of arbitrarily enforcing other, similar laws against performances that are far from obscene only deepens our concerns.' The state appealed to the 11th U.S. Circuit Court of Appeals after a lower court issued a preliminary injunction blocking the law. In a statement, DeSantis spokesman Brian Wright blasted the appeals court's decision as an 'egregious overreach by a federal court' that prohibits the state 'from enforcing a common sense law.' 'No one has a constitutional right to perform sexual routines in front of little kids,' he said. 'We will do everything possible to have this lawless decision overturned.' But John Paonessa, co-owner of Orlando's Hamburger Mary's restaurant, said laws were already on the books to protect children from sexually explicit content. He said he thinks the intention of the 2023 law was to intimidate venues from letting children into any event featuring performers in drag. 'For them lewd and inappropriate is just a drag queen dressed in clothes not exposing anything,' he said. 'That to them is too much.' Though supporters argued the law, dubbed the 'Protection of Children Act,' was needed to shield children from sexually explicit performances, critics blasted it as targeting the LGBTQ+ community with unclear language that could endanger drag brunches and even the 'Mrs. Doubtfire' musical. Hundreds of drag performers marched in Tallahassee in protest of the legislation. The statute doesn't explicitly mention drag shows. Instead, it prohibits minors from attending an 'adult live performance' that 'depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities,' including 'the lewd exposure of prosthetic or imitation genitals or breasts.' The law came after a DeSantis administration crackdown on venues where children attended drag shows. Hamburger Mary's was forced to ban children from what the restaurant called its family-friendly shows, resulting in a 20% drop in Sunday bookings, according to the restaurant's suit. In the opinion, judges referenced Miami's iconic Coppertone sunscreen billboard to bolster their argument. The ad shows 'a girl, perhaps age seven, or so, with a dog pulling at her swimsuit, revealing her pale posterior and its contrast with her tanned skin,' Rosenbaum wrote. 'Would a depiction like the Coppertone logo be 'patently offensive' for a five-year-old? An eight-year-old? How about a seventeen-year-old? We don't know, and we don't think the burden should be on speakers to find out,' she wrote. Judge Gerald Bard Tjoflat dissented, writing he thought the majority went too far and 'reads the statute in the broadest possible way, maximizes constitutional conflict, and strikes the law down wholesale.' Tjoflat wrote the court should engage the law's text 'in good faith and with the presumption that the Legislature did not intend to infringe on constitutional rights.' Last year, Hamburger Mary's shuttered its location on Church Street in downtown Orlando. Owners said in January they are hoping to reopen in Kissimmee.
Yahoo
12-03-2025
- Business
- Yahoo
Escambia County restaurant temporarily closed in latest inspection
Here's the breakdown of restaurant inspections in Escambia and Santa Rosa counties for the week of March 3-9. Florida's restaurant owners are not required to post restaurant inspection results where guests can see them. So, every week, we provide that information for you. During the latest round of inspections from the Department of Business and Professional Regulation, one restaurant temporarily closed and 22 restaurants passed their first inspection with zero violations. Restaurant inspection database: Escambia, Santa County restaurant inspections at a glance Disclaimer: The Florida Department of Business & Professional Regulation describes an inspection report as a 'snapshot' of conditions present at the time of the inspection. On any given day, an establishment may have fewer or more violations than noted in their most recent inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at the establishment. 3700 N. Pace Blvd. Inspection details: Complaint Partial Inspection on March 7 Follow-up inspection: Operations ordered stopped until violations were corrected. The restaurant complied with an emergency order callback that same day and reopened. Total violations: Six total violations, with one high-priority violation High priority violations: Raw animal food stored over or with ready-to-eat food in a freezer - not all products commercially packaged. Raw pork over biscuits in reach-in freezer. Owner corrected storage during inspection. **Corrected On-Site** 101 E. Intendencia St. Inspection details: Routine Inspection on March 6 Follow-up inspection: Violations require further review but are not an immediate threat to the public. The restaurant complied with a follow-up inspection on March 7. Total violations: Five total violations, with five high-priority violations High priority: Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 70 degrees Fahrenheit within two hours. Observed roasted garlic sauce 93 Fahrenheit (cook cool two hours) in walk-in cooler. High Priority - Ready-to-eat, time/temperature control for safety food marked with a date that exceeds seven days after opening/preparation. Observed meatballs, short ribs, and cut mozzarella date marked over seven days. See stop sale. High Priority - Stop Sale issued due to food not being in a wholesome, sound condition. Observed meatballs, short ribs, and sliced mozzarella date marked over seven days. High Priority - Stop Sale issued on time/temperature control for safety food due to temperature abuse. Observed the following in pizza reach in cooler: held over 24 hours - Cajun butter 50 degrees Fahrenheit, sausage 47 degrees Fahrenheit, bacon 47 degrees Fahrenheit, sliced mozzarella 46 degrees Fahrenheit. High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Observed the following in pizza reach in cooler: held over 24 hours - Cajun butter 50 degrees Fahrenheit, sausage 47 degrees Fahrenheit, bacon 47 degrees Fahrenheit, sliced mozzarella 46 degrees Fahrenheit. See stop sale. **Warning** 39 Via De Luna Drive Inspection details: Routine Inspection on March 7 Follow-up inspection: Violations require further review but are not an immediate threat to the public. A follow-up inspection is still required. Total violations: Four total violations, with one high-priority violation High Priority - Shell eggs not stored at an ambient air temperature of 45 degrees Fahrenheit or less. Shelled eggs 58 degrees Fahrenheit held less than four hours. 5100 N. Ninth Ave. Inspection details: Routine Inspection on March 3 Follow-up inspection: Violations require further review but are not an immediate threat to the public. A follow-up inspection is still required. Total violations: Two total violations, with one high-priority violation High Priority - Dishmachine chlorine sanitizer not at proper minimum strength. Discontinue use of dishmachine for sanitizing and set up manual sanitization until dishmachine is repaired and sanitizing properly. Chlorine sanitizer reading 0 parts per million. Triple sink was already set up upon inspection. **Repeat Violation** **Warning** 232 E. Main St. Inspection details: Routine Inspection on March 6 Follow-up inspection: Violations require further review but are not an immediate threat to the public. The restaurant complied with a follow-up inspection on March 7. Total violations: Two total violations, with two high-priority violations High Priority - Stop Sale issued on time/temperature control for safety food due to temperature abuse. Observed the following in reach in cooler: held over 24 hours - sausage 47 degrees Fahrenheit, burger 51 degrees Fahrenheit, chicken wings 47/48 degrees Fahrenheit. **Repeat Violation** High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Observed the following in reach in cooler: held over 24 hours - sausage 47 degrees Fahrenheit, burger 51 degrees Fahrenheit, chicken wings 47/48 degrees Fahrenheit. See stop sale. **Repeat Violation** **Warning** Culvers, 8792 Navarre Parkway La Chama Venez LLC, Mobile food dispensing vehicle Papa Nalu Aloha Grill, 3499 Gulf Breeze Parkway Shark Bite Surf Side Eats & Shave Ice Shack, Mobile food dispensing vehicle Waffle House #158, 831 Gulf Breeze Parkway Agapi Bistro & Garden, 555 Scenic Highway Another Broken Egg Cafe Of Pensacola, 721 E. Gregory St. Cactus Cantina, 5121 N. 12th Ave. Calvert's in The Heights, 670 Scenic Highway Cask and Flights, 121 S. Palafox Place, Suite B Cub's Crawfish, 4145 Barrancas Ave. Deluna's Chat & Chew, 920 Palafox St. Founaris Brothers Greek Rest, 6911 Pensacola Blvd. Hilton Garden Inn Pensacola Airport, 1144 Airport Blvd. Lucys in The Square, 301 S. Adams St. Mcdonalds #10120, 7915 N. Davis Highway Pupuseria Sarita, Mobile food dispensing vehicle Slick Lips Seafood, 102 S. Palafox St. The Olde English Creamery, 221 E. Zaragoza St. The Olive Garden 1060, 5037 Bayou Blvd. The Pensacola Beach Resort, Mobile food dispensing vehicle Water Pig BBQ, 5 Via Deluna Drive, Unit K Routine regulation and inspection of restaurants is conducted by the Department of Business and Professional Regulation. The Department of Health is responsible for investigation and control of food-borne illness outbreaks associated with all food establishments. If you see abuses of state standards, report them and the Department of Business and Professional Regulation will send inspectors. Call the Florida DBPR at 850-487-1395 or report a restaurant for health violations online. Get the whole story at our restaurant inspection database. Basic violations are those considered against best practices. A warning is issued after an inspector documents violations that must be corrected by a certain date or within a specified number of days from receipt of the inspection report. An administrative complaint is a form of legal action taken by the division. Insufficient compliance after a warning, a pattern of repeat violations or existence of serious conditions that warrant immediate action may result in the division initiating an administrative complaint against the establishment. Says the division website: "Correcting the violations is important, but penalties may still result from violations corrected after the warning time was over." An emergency order —when a restaurant is closed by the inspector — is based on an immediate threat to the public. Here, the Division of Hotels and Restaurants director has determined that the establishment must stop doing business and any division license is suspended to protect health, safety or welfare of the public. A 24-hour call-back inspection will be performed after an emergency closure or suspension of license. Stay up to date on the latest restaurant news by subscribing to our free Pensacola Eats newsletter, delivered to your inbox every Wednesday. Sign up for the newsletter at This article originally appeared on Pensacola News Journal: Escambia County area restaurant inspections: One temporarily closed
