JACKSONVILLE, Fla. — A lawsuit filed by a Hamburger Mary’s franchise in Orlando challenging a new state law prohibiting minors from attending adult live performances will get its first hearing on June 6th.
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Hamburger Mary’s Jacksonville franchise is not a part of the suit, but the outcome of the case is of great consequence to the Jacksonville restaurant and all venues throughout the state that host all-ages drag shows.
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While the Jacksonville franchise declined to weigh in on the lawsuit, Action News Jax spoke with the attorney representing the Orlando franchise Tuesday.
“This is a free speech case,” Israel said.
Claiming a new state law making it a criminal offense to admit a minor into an adult live performance violates the first amendment, Hamburger Mary’s Orlando franchise is asking a federal judge immediately put the law on hold.
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Israel argued even though the law does not specifically name drag, Florida lawmakers made it abundantly clear the law’s aim is to shut down all-ages drag shows, which Israel asserted are neither sexually explicit nor inappropriate.
“Men wearing dresses go back to the time of Shakespeare,” Israel said.
But State Representative Randy Fine (R-Palm Bay), who sponsored the bill in the Florida House, argued businesses only should be concerned if they’re exposing children to overtly inappropriate content.
“To me they’re kind of outing themselves here by saying that we do adult entertainment, and we want children to come. I wouldn’t be making that statement,” Fine said.
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Israel rejected that premise.
He argued the law is vague and imposes the legislature’s personal definition of lewd conduct on Florida citizens, who have no way of definitively knowing where the state may draw a line in the sand.
“It is having what is legally called, a chilling effect. Pride parades have been canceled. Locally here in Orange County a drag performance at a high school was canceled. Hamburger Mary’s has had cancelations of up to 20 percent of their books for the Sunday Family Friendly Brunch, plus they’ve lost other business because people are afraid,” Israel said.
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The Governor’s Office declined to comment on the pending litigation.