Latest news with #HamburgerMary's
Yahoo
19-05-2025
- Politics
- Yahoo
Gun shows, not drag shows, are the real threats to Florida's children
Florida lawmakers need to reconsider banning children from drag shows, and instead, adopt a real public safety measure: Banning kids from gun shows. In Florida, it's legal to take a child to a gun show. In fact, it's encouraged, as many gun shows advertise free admission to children who are 12 and younger. Meanwhile two years ago, Florida lawmakers passed the 'Protection of Children Act', which essentially bans children from witnessing live performances that include a person in drag. For this to make sense, singing drag queens would have to be more deadly than loaded handguns. The chain restaurant, Hamburger Mary's, which advertises 'flamboyant dining experiences' featuring family-friendly 'Dining with the Divas' drag shows, has been a target of the new Protection of Children Act. The Act has been blocked so far on Constitutional grounds, and a federal appeals court this month affirmed those concerns. '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,' the appeals court ruling read. 'And Florida's history of arbitrarily enforcing other, similar laws against performances that are far from obscene only deepens our concerns.' Gov. Ron DeSantis' office has said it will appeal the ruling in order to save the state's children from this alleged scourge. But if child protection is the real aim here, it's worth pointing out that no Florida child has ever been killed by watching a drag show. Opinion: DeSantis can use FSU shooting tragedy to boost gun safety laws The same can't be said about children and their lethal fascination with firearms. So, allowing children into gun shows that feed their interest in these deadly adult toys, has contributed to scores of deadly consequences. Especially in Florida. Our state has the dubious distinction of being among the top states in both gun ownership and unintentional shootings by children. Our View: After FSU shooting, will we repeat our cycle of anguish, anger and inaction? Data compiled by Brady United, the bipartisan national group against gun violence, shows that 85% of fatal unintentional shootings among children occur in a home. 'Previous research indicates that recent household firearm acquisition is associated with an increased risk of unintentional firearm injury and death among young children younger than 12 years of age,' Brady United reported. So, it stands to reason that taking that young child to a gun show to watch his or her parent fondle, express admiration for, and then buy a lethal weapon will only make that child more curious to handle that weapon in the home if it's not properly stored. So, please, spare me that handwringing over exposing kids to drag queen song-and-dance routines, while you welcome them without concern into showrooms of death. Frank Cerabino is a news columnist with The Palm Beach Post, which is part of the USA Today Network-Florida. He can be reached at fcerabino@ This article originally appeared on Palm Beach Post: Florida bans kids from drag shows, gives free pass gun shows | Opinion
Yahoo
15-05-2025
- Entertainment
- Yahoo
‘Radical and wrong': Florida vows to fight rulings against ‘anti-drag' law
NAPLES, Fla. (WFLA) — Florida Attorney General James Uthmeier said his office will challenge recent court decisions that call the constitutionality of the state's drag show ban into question. The 11th Circuit Court of Appeals backed a lower court ruling that described Florida's law, purportedly aimed at protecting children from drag shows, as overly broad and vaguely written. The lawsuit was filed by Hamburger Mary's in Orlando, which hosted child-friendly drag shows on the weekends. 'Casanova killer' set for execution today at Florida State Prison A spokesperson for the office of Florida Gov. Ron DeSantis called the ruling an overreach by a federal court. 'No one has a constitutional right to perform sexual routines in front of little kids,' the statement said, according to the Associated Press. 'We will do everything possible to have this lawless decision overturned.' In a separate case, a U.S. district judge granted a preliminary injunction in a win for Naples Pride, which sued the city over its refusal to grant a permit for an outdoor drag performance. The city's decision violated the group's First Amendment rights, according to the ruling, which asserted that drag shows are protected speech. 'I stand by our law that protects kids from drag shows and other sexually explicit adult performances. The decisions out of Fort Myers and the Eleventh Circuit panel are both radical and wrong,' Uthmeier wrote in a post on X. Advocates against the 2023 bill have asserted that the law was meant to chill free speech and targeted the LGBTQ+ community by stoking fears of a conspiracy to 'groom' children. The law does not directly name drag shows, the bill's sponsor said it was aimed at those performances. 'Trans activists don't have the First Amendment right to expose kids to their weird sexual fetishes,' Uthmeier added. Venues that violate the so-called 'anti-drag' law face fines and the possibility of having their liquor licenses suspended or revoked. Individuals face misdemeanor charges if found to be in violation of the law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Epoch Times
14-05-2025
- Entertainment
- Epoch Times
Appeals Court Sides With Florida Restaurant Challenging State Law Prohibiting Children at Drag Shows
A federal appeals panel has sided with a Florida restaurant in its challenge to a state law aimed at shielding children from viewing sexually explicit performances. On Tuesday, a three-judge panel of the Eleventh Circuit Court of Appeals The law in question makes it a misdemeanor for businesses to knowingly admit a child to an 'adult live performance' that 'depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities.' Under the law, businesses would face fines, suspension or loss of license, in addition to a $5,000 fine for the first violation and a $10,000 fine for each subsequent violation. It also prohibits government entities from issuing licenses for such venues. While the statute does not explicitly reference drag shows, it applies to performances involving 'lewd exposure of prosthetic or imitation genitals or breasts,' especially when such displays are deemed 'offensive to prevailing standards in the adult community of this state as a whole' with respect to what is age-appropriate for children. Hamburger Mary's sued the state in 2023 shortly after Gov. Ron DeSantis signed the law. The restaurant alleged violation of First Amendment rights, saying it had been forced to bar minors from what it describes as 'family-friendly' drag performances. A federal district court granted a preliminary injunction, which the state appealed. Related Stories 3/15/2024 11/16/2023 Writing for the majority, Judge Robin Rosenbaum agreed with the lower court, saying the Florida law's language wasn't specific enough to meet existing legal standards. 'The Act prohibits children's admission to 'live performances' that Florida considers obscene for minors. But 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,' Rosenbaum wrote in an 81-page majority opinion, joined by Judge Nancy Abudu. The majority cited the U.S. Supreme Court's 1973 decision in Miller v. California, which established a three-part test for defining obscenity. According to Rosenbaum, the Florida law fails to meet Miller's requirement for precision in regulating obscene material. 'If Miller means anything, it is that an obscenity regulation's sweep is only legitimate if it is specific. The Act's 'lewd conduct' provision is the opposite,' Rosenbaum wrote. 'The result is that venues like Hamburger Mary's are prone to restrict minors from consuming speech that they are within their constitutional rights to access.' In dissent, Judge Gerald Bard Tjoflat said the law is neither vague nor overly broad, but that the majority 'reads the statute in the broadest possible way, maximizes constitutional conflict, and strikes the law down wholesale.' Instead of outright declaring the law as vague, Tjoflat suggested the case should have been referred to the Florida Supreme Court for clarification on how the statute ought to be interpreted. DeSantis's office condemned the ruling, calling it an 'egregious overreach by a federal court' and vowed to challenge the decision. 'No one has a constitutional right to perform sexual routines in front of little kids,' a spokesperson for the governor said. 'We will do everything possible to have this lawless decision overturned.' In a separate legal maneuver, the DeSantis administration asked the U.S. Supreme Court to allow the state to enforce the law against businesses that are not involved in the ongoing lawsuit. That request Justice Brett Kavanaugh issued a statement explaining the court's denial, noting that the issue raised by the state was unlikely to merit the high court's review at this early stage of litigation. He was joined by Justice Amy Coney Barrett, except for one footnote about procedural grounds for declining the request.
New York Post
14-05-2025
- Entertainment
- New York Post
Federal court once again strikes down Florida drag show ban as likely unconstitutional
ATLANTA — An injunction barring the enforcement of Florida's drag-show ban will remain in effect after a federal appeals court ruled Tuesday that the law is likely unconstitutional. A three-judge panel for the 11th Circuit Court of Appeals voted 2-1 to back a lower court decision that described Florida's law, purportedly aimed at protecting children from drag shows, as overly broad and vaguely written. The case now returns to the Middle District of Florida, where a federal bench trial can be scheduled. Advertisement Trixie Mattel performs on stage during the Coachella Valley Music and Arts Festival in Indio, California, USA, 12 April 2025. CAROLINE BREHMAN/EPA-EFE/Shutterstock Attorney Melissa Stewart, who is representing Hamburger Mary's, a drag-themed casual-dining restaurant, said they're thrilled the First Amendment rights of Floridians will remain protected as the case continues. 'The Court's opinion recognizes this law for what it is -– an egregiously unconstitutional attempt to censor the speech and expression of citizens,' Stewart said. Brian Wright, a spokesman for the Florida governor's office, called the ruling an overreach by a federal court. Advertisement 'No one has a constitutional right to perform sexual routines in front of little kids,' Wright said. 'We will do everything possible to have this lawless decision overturned.' The Hamburger Mary's in Orlando, which filed the lawsuit in 2023, regularly hosted drag shows, including family-friendly performances on Sundays that children were invited to attend. The restaurant closed its downtown location last year but plans to reopen at a new spot in nearby Kissimmee. Advertisement Florida Gov. Ron DeSantis speaks during a public event, May 6, 2025, in Miami. AP The restaurant's owner has said the Florida law violated First Amendment rights by chilling speech. Championed by Republican Gov. Ron DeSantis, the law seeks to punish venues for allowing children into what it called 'adult live performances.' Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances. Venues that violated the law faced fines and the possibility that their liquor licenses could be suspended or revoked. Individuals could be charged with a misdemeanor crime.
Yahoo
14-05-2025
- Politics
- Yahoo
Federal appeals court bocks Florida's drag show law over First Amendment concerns
The Brief A federal court upheld an injunction against a 2023 Florida law targeting children's attendance at drag shows, calling it overly broad and vague. Judges ruled the law violated the First Amendment by failing to define prohibited conduct clearly. The case stemmed from a suit by Hamburger Mary's, a venue known for family-friendly drag events. What we know ORLANDO, Fla. - A federal appeals court has upheld a preliminary injunction blocking Florida's 2023 law that aimed to prevent children from attending drag performances. In a 2-1 ruling, the 11th U.S. Circuit Court of Appeals sided with Hamburger Mary's, an Orlando-area venue that challenged the law on First Amendment grounds. The court determined the law, known as Senate Bill 1438, is "substantially overbroad" and violates constitutional free speech protections by lacking specificity in its restrictions. What we don't know The future of the law remains uncertain, as it could be subject to further legal challenges or appeals to higher courts. Additionally, it is unclear whether the state legislature will attempt to revise the law's language or whether the Florida Supreme Court will be asked to weigh in on the interpretation of ambiguous terms like "lewd conduct." Judge Gerald Tjoflat, the dissenting voice in the ruling, urged that course of action instead of invalidating the law outright. The backstory SB 1438, dubbed the "Protection of Children" bill by its Republican sponsors, was part of a broader wave of legislation in Florida and other states targeting drag shows and transgender-related issues. Though it does not explicitly mention drag performances, the law emerged after Gov. Ron DeSantis' administration took enforcement action against venues that hosted drag shows attended by children. Hamburger Mary's, known for its family-friendly drag events, filed a lawsuit arguing that the law posed an existential threat to its operations. What they're saying Tuesday's majority opinion said that "by providing only vague guidance as to which performances it prohibits, the act (the law) wields a shotgun when the First Amendment allows a scalpel at most." "The Constitution demands specificity when the state restricts speech," said the 81-page majority opinion, written by Judge Robin Rosenbaum and joined by Judge Nancy Abudu. "Requiring clarity in speech regulations shields us from the whims of government censors. And the need for clarity is especially strong when the government takes the legally potent step of labeling speech 'obscene.' An 'I know it when I see it' test would unconstitutionally empower those who would limit speech to arbitrarily enforce the law. But the First Amendment empowers speakers instead. Yet Florida's Senate Bill 1438 (the law) takes an 'I know it when I see it' approach to regulating expression." But Judge Gerald Tjoflat, in a 45-page dissent, said the majority "reads the statute in the broadest possible way, maximizes constitutional conflict and strikes the law down wholesale." He argued that the federal court should have sent the case to the Florida Supreme Court for help in interpreting the law — a step known as "certifying" a question to the state court. "Instead, the majority sidesteps the very tools our system provides — tools designed to respect state authority, foster comity, and avoid unnecessary constitutional rulings," Tjoflat wrote. "By casting aside those safeguards, today's decision stretches this court beyond its proper role and departs from the humility and restraint that federal courts owe when state law is in question." The law, dubbed by sponsors the "Protection of Children" bill, sought to prevent venues from admitting children to adult live performances. What's next Hamburger Mary's was located in Orlando at the time it filed the lawsuit but later announced plans to move to Kissimmee. An opening date has not yet been finalized. STAY CONNECTED WITH FOX 35 ORLANDO: Download the FOX Local app for breaking news alerts, the latest news headlines Download the FOX 35 Storm Team Weather app for weather alerts & radar Sign up for FOX 35's daily newsletter for the latest morning headlines FOX Local:Stream FOX 35 newscasts, FOX 35 News+, Central Florida Eats on your smart TV The Source This story was written based on information shared by The News Service of Florida.
