A restaurant that closed in the middle of a legal dispute with Florida Governor Ron DeSantis has announced it will soon reopen in a new location.
Orlando’s Hamburger Mary’s, which sued DeSantis over the “Protection of Children” Act (SB 1438) that banned children from attending “adult” live performances announced on Facebook that it is in the “home stretch” of opening its Kissimmee location. The restaurant closed last June for unrelated reasons.
Newsweek reached out to Hamburger Mary’s and DeSantis for comment via email.
Why It Matters
Whether the restaurant reopens has been a legal debate in the ongoing battle over a court’s decision to block the implementation of SB 1438. Lawyers for Hamburger Mary’s said in January that the lawsuit against the state is not “moot” just because the original restaurant shuttered.
What To Know
Hamburger Mary’s sued DeSantis in May 2023 over enforcing SB 1438. The law prohibited a person from allowing a child to attend an “adult live performance,” which was broadly defined as a performance that “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities.”
The bill did not specifically mention drag shows but was seen as an attempt by DeSantis to crack down on LGBTQ-friendly performances in Florida.
Hamburger Mary’s said the enforcement of the ban violated the U.S. Constitution and damaged its business, resulting in the cancellation of bookings for a “family-friendly” drag show it regularly held on Sundays.
In June 2023, U.S. District Judge Gregory Presnell issued a preliminary injunction blocking the enforcement of SB 1438 statewide over concerns it violated the First Amendment. The U.S. Court of Appeals for the Eleventh Circuit has heard Florida’s appeal against the preliminary injunction, but no decision has been made on whether to overturn the ban.
Last May, Hamburger Mary’s co-owner John Paonessa said the Orlando restaurant would close after operating for more than 16 years. Paonessa said the decision was not due to the lawsuit but because the business was affected by the “hustle and bustle” of its Orlando location being replaced by a “sleepy city with few people working downtown.”
In a February 23 post on Hamburger Mary’s Facebook page, the restaurant confirmed that it will reopen in Kissimmee after “revamping and remodeling” the old Capone’s Dinner Theater along Highway 192.
The announcement came after the Court of Appeals for the Eleventh Circuit requested in November 2024 that both sides involved in the legal case file briefs discussing whether the “current appeal is moot” in light of Hamburger Mary’s plans to reopen in a new location.
Melissa Stewart, an attorney for Hamburger Mary’s, said in January filings that the issue is not “moot,” as the new Kissimmee restaurant intends to use the “same drag-centric business model and age policies” and face the same “concrete risks of unconstitutional enforcement” that the Orlando location faced, ClickOrlando reported.
Paonessa previously told Newsweek that he intended to reopen the case and looked “forward to our day in court to win” it.
In May 2024, the Florida Attorney General’s Office sought assurances that Hamburger Mary’s planned to reopen. The office feared the closure would affect “standing, mootness, and ripeness” issues regarding the legal litigation.
Speaking to the Orlando Sentinel in January, Paonessa said issues involving the previous tenant and damage to the property delayed the revamping of the Capone’s Dinner Theater.
What People Are Saying
Hamburger Mary’s Facebook post on February 23: “It’s been a long haul and we are not finished yet, but we are excited to share with you that we are in the home stretch of bringing you the new Hamburger Mary’s in Kissimmee. We will post some pics and videos of the venue this week. We appreciate your patience, loyalty, and kindness during this process.”
Attorney Melissa Stewart, in a January brief to the appeals court: “Once reopened, HM (Hamburger Mary’s) intends to operate the restaurant using the same drag-centric business model and age policies as its Orlando location. Because the act charges [Florida Department of Business and Professional Regulation] Secretary Melanie Griffin with statewide enforcement of the law, HM will face the same concrete risks of unconstitutional enforcement at its Kissimmee location as it did in Orlando.”
Hamburger Mary’s co-owner John Paonessa told the Orlando Sentinel in January: “The previous tenant did not leave and had to be evicted and didn’t leave until the middle of August. There was so much damage to the property that the landlords have been working on now for the last five or six months…so that has really been what’s been the holdup for us, and it’s caused a lot of pain and anguish.”
What Happens Next
Paonessa told the Orlando Sentinel he hopes Hamburger Mary’s Kissimmee location will open around July.
It is unclear when the Court of Appeals for the Eleventh Circuit will decide on SB 1438. Court News Service reported in October 2024 that the three-judge panel appeared “unlikely” to side with Florida officials hoping to overturn the injunction.
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