“We’re fighting the fight because it has to be done”: Hamburger Mary’s owner says of SCOTUS decision

ORLANDO, Fla. — An Orlando restaurant owner who filed a lawsuit against the State of Florida is relishing in a legal victory granted by the highest court in the land.

In May, the owner of Hamburger Mary’s Orlando filed a lawsuit arguing a new state law banning children from sexually explicit adult live performances was unconstitutional.

On Thursday, the Supreme Court denied the state’s request to allow immediate enforcement of the law as a legal battle continues to play out in the lower courts. It was a victory for Hamburger Mary’s owner John Paonessa.

Paonessa said he never expected his restaurant to become the focus of a legal fight that would make its way to the Supreme Court.

His restaurant often hosts drag shows and comedy events. He believes his livelihood was threatened by the new state law titled the “Protection of Children Act.”

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The act stops children from going to any shows that are considered sexually explicit and obscene based on the age of the child.

The law also states any establishment allowing children into sexually explicit adult live shows could have their license and permits pulled.

While drag isn’t mentioned in the text of the law, the Governor has said it’s included.

However,  Paonessa filed a lawsuit arguing the state law is too vague, violates first amendment rights, and could have a chilling effect.

“We’re fighting the fight because it has to be done,” said Paonessa.

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Florida State University Professor of Law Michael Morley spoke to Eyewitness News about the case.

Morley specializes in constitutional law and explains this case faces layers of legal complexities.

According to Morley, a decision about whether the law will be upheld could be at least a year away.

Morley explained, after Paonessa filed the lawsuit, lower courts found Hamburger Mary’s case was strong enough to grant a preliminary injunction.

It meant Hamburger Mary’s and other similar venues didn’t have to worry about new state rules.

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“The whole point of a preliminary injunction is to kind of freeze things in place, while the court, the district court ultimately decides is this law actually unconstitutional,” said Morley.

In the months that followed, the State asked the Supreme Court to allow the law to be enforced for everyone except for Hamburger Mary’s while the case was under appeal.

Thursday, the conservative majority high court voted 6-3 to keep the preliminary injunction in place through the appeal process.

“We didn’t know which way it was gonna go,” said Paonessa.

While the Supreme Court denied the State of Florida’s request to allow immediate enforcement, the legal fight continues.

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Paonessa said he’s confident this will end in victory for him and other drag venues.

“What is happening is just entertainment like the theatre or anywhere else you take your kids,” said Paonessa.

Meanwhile, the Governor’s office also said they are confident that their law will be upheld.

A spokesperson sent the following Statement to Eyewitness News:

“While we are disappointed in this particular ruling, the Supreme Court did not opine on the merits of our law protecting children from sexualized adult live performances. This case is still pending appeal at the 11th Circuit, and we expect this law to be upheld on the merits.” - Jeremy Redfern, Press Secretary for Governor DeSantis.

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