Longtime restaurant known for drag closing in downtown Orlando. What to know about Hamburger Mary's

An iconic LGBTQ fixture is closing its door after 16 years in downtown Orlando.

Roughly a year after taking the state to court over a controversial bill, Hamburger Mary's announced the restaurant will be moving locations and shutting their doors in early June.

Co-owners Mike Carpenter and John Paonessa took to Facebook on Wednesday to share the news, writing that the update was "bittersweet."

"For over 16 years, Hamburger Mary's Orlando has operated from our 4,400 sq ft store on Church St and to date have served almost 2 million happy souls," the post reads. "We have celebrated more birthdays, engagements, bachelorette parties, weddings and girls or guys night out than we could ever count."

What is Hamburger Mary's?

Hamburger Mary's Bar & Grille is a drag-themed burger restaurant hailing from San Francisco. Since 1972, the popular LGBTQ spot has opened more than a dozen locations across the U.S., with the Orlando restaurant opening in 2008.

Where is Hamburger Mary's in Orlando?

Until June 2, it is located at 110 W. Church Street in downtown Orlando.

Why is Hamburger Mary's moving locations?

According to the owners, their move comes as "times have changed."

“Downtown Orlando has been great to us. However, times have changed. The hustle and bustle of Downtown Orlando has given way to a sleepy city with few people working downtown and opting for remote, and less traffic in the evenings,” they wrote.

Where is Hamburger Mary's new location?

In their Facebook post, owners said they have not locked down a new location for the restaurant as of yet.

"We are in negotiations/talks with a couple of venues that we feel will be an excellent fit for our brand. However, if anyone knows of a space that you think looks like a good fit for Mary's, we are all ears."

When is Hamburger Mary's last day of business in Orlando?

Hamburger Mary’s said Sunday, June 2 will be its last day of operation.

"Thank you all for always supporting us. We encourage you to continue to support our local LGBTQIA+ owned and operated businesses as well as those operated by our allies. We love y'all," they ended their post with.

Why did Hamburger Mary's sue Florida Governor Ron DeSantis last year?

Those might remember when the drag restaurant dominated headlines last year when they filed a federal lawsuit against the state of Florida and DeSantis, claiming that a newly filed "Anti-Drag" bill was a violation of its First Amendment rights.

Orlando co-owners shared in their lawsuit that they were forced to cancel a Sunday series of family-friendly performances and that families have already stopped coming to the restaurant, citing a 20% drop in reservations.

The lawsuit also mentioned that the law was too vague and limits free speech. In a Facebook post last year, the owners further elaborated they felt this bill had nothing to do with children and "everything to do with the continued oppression of the LGBTQ+ community."

What was the 'Florida anti-drag' bill?

The legislation in question was the Florida's SB 1438, which sought to prohibit children from attending “adult live performances." It was first approved by Florida Legislature on April 11 of 2023.

The bill, introduced by State Sen. Clay Yarborough, didn't explicitly call out drag shows or Pride parades in the text. Instead, it focused on defining content related to sexuality that might be included in such events or “any show, exhibition, or other presentation that ... depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”

See what Florida SB 1438 detailed

• Governmental entities barred from issuing public permits to anyone that would violate the law — The bill blocks governmental entities such as any state, county, district, etc. from issuing a permit or otherwise authorizing someone to hold a performance that may violate the new law.

• Businesses that admit kids to an “adult live performance” could face fines or have their license revoked or suspended — Violating the law could result in companies paying fines up to $10,000 and having their license to conduct business revoked or suspended.

What happened when the 'Anti-Drag' bill case was brought to federal district court?

U.S. District Judge Gregory Presnell temporarily blocked the enforcement of the law until a court case could decide on its constitutionality.

In his ruling, Presnell called the Florida law’s language “vague and overbroad,” particularly in its lack of definition around terms such as “live performance,” “lewd conduct,” and “lewd exposure to prosthetic or imitation genitals or breasts.”

The state asked Presnell to limit the injunction to only benefit Hamburger Mary’s, not any other business in the state. They claim the court did not have the "authority to protect anyone not party to the lawsuit" and that a statewide injunction would threaten Florida with “irreparable harm."

A month later in July, Presnell denied Florida's request, saying that the law creates an “unnecessary risk of chilling free speech,” thus imposing a restriction on First Amendment activity.

How did the United States Supreme Court rule in Hamburger Mary's case?

Following the ruling from Presnell, the state decided to take the matter up with the U.S. Supreme Court, asking the justices to narrow the injunction made by a lower court in July to apply only to Hamburger Mary's.

The Supreme Court denied the request, although Justice Brett Kavanaugh, in a statement partly joined by Justice Amy Coney Barrett, stressed that the Court was not dealing with the First Amendment aspect but rather the procedural issues of how the lower courts handled the case.

It also stated that the court's decision "indicates nothing about our view on whether Florida's new law violated the First Amendment."

Out of the nine justices, three votes to grant the state's request — Clarence Thomas, Samuel Alito and Neil Gorsuch.

Is SB 1438 no longer in effect?

The higher courts sided with Hamburger Mary's and other Florida drags shows, meaning that the bill is still blocked as of now.

This article originally appeared on Fort Myers News-Press: Hamburger Mary’s Orlando closing downtown location. Will it reopen?