John Paonessa (L) and Mike Rogier at Hamburger Mary’s in downtown Orlando (Photo by Caitlin Sause)
ORLANDO | The U.S. Court of Appeals for the 11th Circuit ruled Dec. 15 that Florida’s Protection of Children Act, widely known as the state’s “anti-drag” law, can be enforced at every venue except Hamburger Mary’s Orlando.
The law was passed in 2023 and prohibits children from attending “sexually explicit” shows. Florida Republicans have confirmed it was intended to target performances like drag shows.
The ruling does not include Hamburger Mary’s Orlando, which left its downtown location in 2024, because the venue originally contested the law in court. Mike Rogier, owner of Hamburger Mary’s Orlando said in a comment on Watermark Out News Facebook that the state has gone to extreme lengths to get the drag ban in affect.
“The State of Florida threw a hail Mary pass and attached their request to this Supreme Court ruling and the Appeals Court agreed and allowed the law/ban to take place except for HM [Hamburger Mary’s], who brought the case,” Rogier said. “Just know that this case has yet to go to trial and we expect that to happen Jan-Feb 2026. This law becoming effective now is temporary pending trial. We do expect to Win as it is a definite violation of first amendment rights.”
Hamburger Mary’s 2.0 in Murray Hill, Jacksonville is looking to make changes due to new ruling.
Jordyn Shepherd, Hamburger Mary’s 2.0 owner, said to Action News Jax that its family-friendly brunches will soon come to an end due to the ruling.
“If we don’t do what we need to do now then, you know, Mary’s may be under attack because of it and we want to keep our doors open,” Shepherd said.
Shepherd agreed children should not be exposed to sexually explicit content, but argued the law is so broad it’s hard to know what’s allowed.
This outcome follows a June 2025 U.S. Supreme Court ruling that limited the use of universal injunctions, affecting how courts enforce legal decisions nationwide. This means court orders that apply to anyone, even if they are not involved in the case.
Prior to this, a court injunction had blocked the law for two years, based on First Amendment concerns regarding the vagueness of its language related to “lewd conduct.”
Attorney General James Uthmeier lauded the order in an X post: “For two years, our law preventing children from attending sexually explicit drag shows was held up in court. Starting today, the law is in effect thanks to a win on appeal by our office.”
He also made a comment about Pensacola as “A Drag Queen Christmas” has caught the attention of conservative critics and Uthmeier, who has hoped to get the Pensacola performance canceled.
In a letter sent Nov. 7 to the Pensacola City Council, Uthmeier conveyed his opinions and concerns about the “obscene” and “anti-religious” performance. The Saenger Theatre in Pensacola is state ran and sponsored, which is why local critics and Uthmeier are trying to get the show at this specific theater canceled. In his letter he states that the city has a contractual right to cancel the show.
The Protection of Children Act broadly defines an “adult live performance” to include shows with nudity, sexual conduct or lewd exposure. Violators may face fines or license suspension, or revocation.
Penalties range from $10,000 fines for businesses that violate the law to misdemeanor offense for employees that knowingly allow children to attend. Allowing children to attend could lead to criminal charges, as first-degree misdemeanors.
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