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Hamburger Mary’s Seeks Supreme Court Review of Florida Drag Show Restrictions

Zach Mitchell performs as 'Annie Daynow' at the drag shows at Hamburger Mary's in Kissimmee. The restaurant is challenging the Florida's 2023
Zach Mitchell/Instagram
Zach Mitchell performs as 'Annie Daynow' at the drag shows at Hamburger Mary's in Kissimmee. The restaurant is asking the Supreme Court to hear their challenge to Florida's 2023 Protection of Children Act.

Hamburger Mary’s is asking the U.S. Supreme Court to review Florida’s law restricting children from attending certain adult live performances including some drag shows.

Earlier this month, a federal appeals court cleared the way for Florida to enforce its Protection of Children Act, which restricts children from attending certain adult live performances, including some drag shows. The law is at the center of a legal challenge from Hamburger Mary’s, a restaurant that operated in downtown Orlando before closing that location in 2024 and moving to Kissimmee. The restaurant regularly hosted drag performances, including a family-friendly weekend show.

Hamburger Mary’s is seeking review of the case by the U.S. Supreme Court. Melissa Stewart, the attorney representing the restaurant, joins Engage. She says the Constitution does not allow the state to restrict protected expression under the law and argues Florida already has laws addressing inappropriate performances involving children.

Supporters of the law argue it protects children from sexually explicit performances. Mat Staver, founder and chairman of Liberty Counsel, joins Engage.

While the legal challenge continues, Hamburger Mary’s has resumed operations at a new location in Kissimmee. Its drag performances now are limited to an 18-and-older audience. Zach Mitchell performs there under the name 'Annie Daynow' and joins Engage to discuss the impact of the ruling and the law.

Richard Copeland is the producer of Engage. The Pennsylvania native has produced news programming and developed shows including KNPR’s State of Nevada, Boise State Public Radio’s Idaho Matters and WITF-Harrisburg’s Smart Talk. Most recently, Copeland was a senior producer on KJZZ’s The Show in Phoenix. Contact Richard at RCopeland@cfpublic.org