Florida’s new law, the “Protection of Children” act, which prohibits children from attending shows and performances with any sexual content, has become the subject of a lawsuit filed by the Hamburger Mary’s chain of restaurants against Governor Ron DeSantis in Orlando, Florida. The chain, famous for hosting all-age drag shows on Sundays, is asserting that the law interferes with its popular Orlando brunches for families held in “gay-friendly, welcoming spaces.”
The law, signed into action last month, enforces criminal sanctions and fines on businesses that allow minors to be present during “sexual conduct, nudity, a specified anatomical area, or any stimulation of the sexual organs occurred.” It is part of a raft of anti-LGBTQ+ measures passed by the Republican-controlled Florida legislature this year. It is also raising concerns among critics who claim it will drive revenue and visitors from the state’s tourism sector, which is already suffering the effects of the COVID-19 pandemic.
While the bill doesn’t explicitly refer to drag shows or Pride parades, critics argue that the vague language of the law will be used to target family-friendly drag shows and Pride events, further marginalizing the LGBTQ+ community. Hamburger Mary’s filed a federal lawsuit against the state, claiming that the bill is violating its First Amendment rights and limits free speech. SB 1438 is one of four bills that Governor DeSantis recently signed, directly or indirectly targeting transgender individuals and the wider LGBTQ+ community. The other bills restrict gender-affirming care for transgender individuals, expand the Parental Rights in Education Act and require individuals to use bathrooms specified according to their sex assigned at birth.
As we move closer to the effective date of the legislation on July 1 this year, it has led to cancellations and downscaling of some Pride events in Florida. Critics of the law argue that all-ages drag shows are appropriate and do not sexualize minors. The law also raises questions and potentially threatens parents’ rights, and it could harm local drag performers. Some critics have referred to the law as a “slate of hate,” and advocacy groups, including Equality Florida, have issued warnings to potential visitors to Florida.
In conclusion, Hamburger Mary’s bars and grills’ lawsuit against Governor Ron DeSantis over a new law that prohibits children from attending drag shows, including family-friendly drag shows and Pride events, highlights the limits on free speech and the potential violations of human rights created by such laws. Moreover, such actions threaten the economic activities of the state’s tourism and hospitality sectors already suffering from the COVID-19 pandemic.
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