Compton’s Cafeteria Riots of 1966

I think there’s a blurb about this on Peace History, but I could be misrecalling. Anyway, here is far more of the story. Language alert, from the beginning.

Queer History 111: Before the Stonewall Riots, There Was Compton’s Cafeteria by Wendy🏳️‍⚧️🏳️‍🌈🌈 Read on Substack

You’ve heard about Stonewall—everyone has. It’s become the sanitized, rainbow-washed origin story of the LGBTQ+ rights movement that gets trotted out every Pride month by corporations selling overpriced merchandise. But three years before Stonewall rocked New York City, a group of fierce-as-fuck transgender women and drag queens in San Francisco’s gritty Tenderloin district had already thrown the first punch in the fight for queer liberation. The Compton’s Cafeteria Riot of 1966 wasn’t just a footnote in history—it was a goddamn declaration of war against police brutality and societal oppression that’s been deliberately erased from our collective memory.

Remembering the Compton's Cafeteria Riot | Vogue

Let me tell you something straight up: these women weren’t politely asking for their rights with carefully worded petitions. They were fighting for their very existence in a society that treated them like garbage. And when pushed to their absolute limit one hot August night, they didn’t just push back—they burned the whole system down. Literally throwing coffee in cops’ faces, smashing windows, and lighting a police car on fire. This wasn’t a “disturbance” or an “incident”—it was a motherfucking riot, and it’s time we remember it for what it was.

The Tenderloin: Where Society Dumped Its “Undesirables”

San Francisco’s Tenderloin district in the 1960s wasn’t the gentrified hipster paradise it’s becoming today. It was a last-resort neighborhood—the only place that would accept the people society had discarded. Transgender women, particularly trans women of color, found themselves with precious few options for survival. Denied employment, housing, and basic human dignity, many turned to sex work simply to eat and keep a roof over their heads.

“We couldn’t get jobs, couldn’t get housing, couldn’t even walk down the street without being arrested,” recalled Amanda St. Jaymes, a trans woman who lived in the Tenderloin during this era. “The cops would book us as ‘female impersonators’ and throw us in the men’s jail. Do you have any fucking idea what happened to us in there?”

The brutal reality was that transgender women faced constant police harassment under California’s “masquerade laws,” which made it illegal to dress in clothing of the “opposite sex.” Cops could and did arrest trans women for the crime of simply existing in public. These weren’t occasional incidents—this was systematic persecution backed by the full force of the law.

Gene Compton’s Cafeteria, a 24-hour diner at the corner of Taylor and Turk, was one of the few places trans women could gather safely—or so they thought. Open all night, it became an unofficial community center for transgender women, drag queens, gay hustlers, and other marginalized folks who had nowhere else to go. But the management often called the police when too many “queens” gathered, leading to regular harassment and arrests.

“The Night I Got Tired of Being Bullied”

On a hot night in August 1966 (the exact date has been lost to history), the simmering tension finally boiled over. When police attempted to arrest a transgender woman at Compton’s for the “crime” of being there, she threw her coffee in the officer’s face. What followed was an explosion of rage that had been building for decades.

“It wasn’t planned,” said Felicia Elizondo, a transgender activist who frequented Compton’s. “It was just the night I got tired of being bullied. We all got tired at the same fucking moment.”

The cafeteria erupted. Cups, saucers, and trays became projectiles. The plate glass windows of the restaurant were smashed. A newsstand was set on fire. The women fought back with everything they had—high heels, heavy purses, and righteous fury. When a police car pulled up outside, it was immediately surrounded, its windows broken and, according to some accounts, set ablaze.

Reconstructing the Compton's Cafeteria Riot — GLBT Historical Society

“Those queens fought like hell,” remembered one witness. “You’d think a bunch of ‘girls’ couldn’t do much damage, but honey, when you’ve been beaten and raped by cops, when you’ve been refused medical care, when your own family has thrown you out like trash—you fight like someone with nothing left to lose.”

The riot spilled into the streets and continued through the night. Unlike at Stonewall, there were no photographers present, no reporters to document what happened. The next day, more transgender women and supporters returned to picket the cafeteria, which had banned transgender customers in response to the riot. This marked one of the first known instances of organized transgender direct action in U.S. history.

The Cover-Up and Erasure

Here’s where the story gets even more fucked up: this watershed moment was almost completely erased from history. No major newspapers covered it. Police records of the incident mysteriously disappeared. For decades, Compton’s Cafeteria Riot existed only in the memories of those who were there, many of whom didn’t survive the AIDS crisis of the 1980s and ’90s.

“They didn’t want people to know we fought back,” explained historian Susan Stryker, whose groundbreaking documentary “Screaming Queens” finally brought the riot to public attention in 2005. “Transgender resistance didn’t fit the narrative they wanted to tell about passive victims who needed saving.”

The erasure was so complete that even many LGBTQ+ historians were unaware of the riot until nearly 40 years after it occurred. When Stryker discovered a brief reference to the “uprising of drag queens” in the archives of gay liberation periodicals, she had to piece together what happened through painstaking interviews with survivors and witnesses.

Why was this history buried? Simple: it centered transgender women—particularly trans women of color—as the vanguard of the LGBTQ+ liberation movement. It challenged the comfortable narrative that the movement began with Stonewall and was led primarily by white gay men. The Compton’s story was inconvenient for those who wanted to sanitize queer history for mainstream consumption.

The Aftermath: Real Fucking Change

What makes the Compton’s Cafeteria Riot even more remarkable is that it actually led to concrete changes in San Francisco. In the aftermath, a network of transgender support services emerged. The city established the Tenderloin Health Clinic, which provided hormones and healthcare to transgender people—the first of its kind in the nation. The police department even initiated the first-ever training on interacting with transgender people.

Before Stonewall: The Raucous Trans Riot that History Nearly Forgot

Sergeant Elliott Blackstone, the SFPD’s first liaison to the “homophile community,” became an unlikely ally. After the riot, he worked with transgender activists to stop police harassment and helped establish programs to support transgender residents. “I just treated them like human beings,” Blackstone later said, “which nobody else was doing.”

The riot also galvanized the formation of organizations like Vanguard, one of the first gay youth organizations in the U.S., and the National Transsexual Counseling Unit, the first peer-run support organization for transgender people. These laid the groundwork for the transgender rights movement that continues today.

“We built something from nothing,” said Tamara Ching, a Tenderloin activist who lived through this era. “We created community when the whole damn world wanted us dead or invisible.”

The Women Who Led the Charge

The heroes of Compton’s didn’t get streets named after them or Hollywood biopics made about their lives. Many died in obscurity, their contributions uncelebrated. Women like Alexis Miranda, who later became an influential transgender activist; Tamara Ching, who fought for the rights of transgender sex workers; and Amanda St. Jaymes, who established support services for transgender women in the Tenderloin.

“Some of the fiercest women I ever knew didn’t live to see their impact,” recalls Felicia Elizondo, one of the few surviving veterans of the Tenderloin scene. “They died from violence, from AIDS, from the sheer exhaustion of fighting every day just to exist.”

Unlike Stonewall, where key figures like Marsha P. Johnson and Sylvia Rivera eventually received some recognition (though still not enough), many of the women who fought at Compton’s remain nameless in historical records. Their revolutionary act was nearly lost to history, remembered only by those who were there.

The anonymity of many Compton’s participants speaks to the precarious nature of transgender life in the 1960s—and still today. Many lived under assumed names, without identification documents, invisible to official records. They existed in the margins, which made their uprising all the more remarkable and all the more easily erased.

Why This Matters Now More Than Ever

If you think this is just ancient history, wake the fuck up. In 2023, we’re seeing the most aggressive legislative assault on transgender rights in modern history. Over 500 anti-trans bills have been introduced in state legislatures in recent years. Access to healthcare is being restricted. Transgender people are being banned from public spaces. Sound familiar?

“It’s the same playbook,” says Miss Major Griffin-Gracy, a transgender elder who has been fighting for rights since the 1960s. “Criminalize our existence, push us out of public spaces, make it impossible to live authentically. They’ve just dressed it up in fancier language.”

The courage of the women at Compton’s Cafeteria provides a powerful template for resistance in the face of overwhelming oppression. They didn’t wait for permission to fight back. They didn’t seek respectability. They recognized that when a system is designed to destroy you, sometimes you have to break the whole damn thing and start over.

“We’ve been here before,” warns historian Jules Gill-Peterson. “And the lesson from Compton’s isn’t to write polite letters to politicians. It’s that direct action gets the goods. It’s that sometimes you have to throw the first punch—or the first coffee cup.”

The Legacy: From Shadows to Celebration

Today, the corner of Taylor and Turk in the Tenderloin bears a plaque commemorating the riot. In 2017, the city of San Francisco renamed a section of Turk Street as “Compton’s Transgender Cultural District”—the first legally recognized transgender district in the world. It’s a belated recognition of the community that has called this area home for over half a century and the uprising that marked its coming of age.

But the real legacy of Compton’s isn’t in plaques or street names—it’s in the radical tradition of transgender resistance it established. From Compton’s to Stonewall to the modern movements against police brutality, the thread of transgender leadership in liberation struggles remains unbroken, even when unacknowledged.

“Those girls didn’t have Twitter or TikTok or any way to document what they did,” reflects contemporary transgender activist Raquel Willis. “But they changed the world anyway. Imagine what we can do now with all the tools and visibility we have.”

The next time you celebrate Pride, remember that it wasn’t born from corporate sponsorships and rainbow capitalism. It was born from a coffee cup thrown in a cop’s face by a transgender woman who had decided she wasn’t going to take any more shit. It was born from the broken windows of a cafeteria in the Tenderloin and the fiery determination of women who fought back when the world told them they shouldn’t even exist.

That’s the legacy of Compton’s Cafeteria Riot—not just a historical footnote, but a battle cry that still echoes today: We have always been here. We have always fought back. And we’re not going anywhere.

References

  1. Stryker, S. (2008). Transgender History: The Roots of Today’s Revolution.
  2. Stryker, S., & Silverman, V. (Directors). (2005). Screaming Queens: The Riot at Compton’s Cafeteria [Documentary].
  3. Transgender Law Center. (2017). Compton’s Transgender Cultural District Report.
  4. Dzodan, F. (2021). Before Stonewall: The Trans Women Who Sparked a Revolution.
  5. Armstrong, E. A., & Crage, S. M. (2006). Movements and Memory: The Making of the Stonewall Myth.
  6. Williams, C. (2014). Transgender History in the United States: A Special Unabridged Version of a Book Chapter.
  7. GLBT Historical Society. (2016). Compton’s Cafeteria Riot: 50th Anniversary Exhibition.
  8. Elizondo, F. (2015, August 26). Personal interview by Nicole Pasulka for Vice: “Ladies in the Streets: Before Stonewall, Transgender Uprising Changed Lives.”

Brazen Corruption

Bone Spurs meets Bone Saw by Clay Jones

How does Trump sleep? Probably with a lot of fartin’ and snorin’. Read on Substack

Donald Trump loves asskissers because he is an asskisser. That explains why his lips are constantly puckered.

What If Trump Is Nuts? - LA Progressive
That’s just disturbing

During his speech in Saudi Arabia at the Investment Forum, he spent a good portion of it waxing non-eloquently about the awesomeness of Mohammed Bin Salman, the Crown Prince.

Trump said, “Riyadh is becoming not just a seat of government but a major business, cultural, and high-tech capital of the entire world.”

MBS was sitting in the audience directly across from Trump, and Trump asked rhetorically, “Mohammed, do you sleep at night? How do you sleep? Critics doubted that it was possible, what you’ve done, but over the past eight years, Saudi Arabia has proved the critics totally wrong.”

“He’s your greatest representative, greatest representative. And if I didn’t like him, I’d get out of here so fast. You know that, don’t you? He knows me well. I do — I like him a lot. I like him too much.”

The crowd applauded and giggled as Trump flirted with the man who directed the murder of Jamal Khashoggi, a Saudi journalist living in the United States for his safety. The crowd was made up of the world’s most powerful CEOs, like Jensen Huang, Larry Fink, and Sir Shit-for-Brains Elon Musk. So naturally, this audience lacked morals and integrity. What’s a little murder when it comes to making billions of dollars? These people, like Trump and MBS, aren’t the biggest fans of journalists.

I shouldn’t have to refresh your memory, but just in case, in 2018, Jamal Khashoggi was lured into the Saudi consulate in Istanbul, Turkey, murdered and hacked up with bone saws by Saudi agents on the orders of Trump’s buddy, Mohammed Bin Salman.

After the murder, Trump said it was a “bad event,” and went on to defend MBS. He said, “Nobody has directly pointed a finger.” That’s a lie. Our intelligence agencies have “directly pointed a finger at him.” The United Nations has “directly pointed a finger at him.”

Trump also said that MBS is “innocent until proven guilty.” But MBS will never be proven guilty because they don’t have fair trials in Saudi Arabia. The nation doesn’t have due process, freedom of speech, human rights, or elections. Those are things Trump hates, which is probably why he spent another portion of his speech whining and lying about our elections. He lied that he won the 2020 election to people who don’t hold elections.

There will never be an investigation into Khashoggi’s death in Saudi Arabia. MBS will never stand trial. This man didn’t just order the murder, but that Khashoggi be cut into pieces with bone saws. Mohammed Bin Salman is a sick murderous fuck.

When Jared Kushner, who worked directly with MBS as a White House adviser, was asked about the murder last year, he said, “Are we really still doing this?” Jared said he hadn’t seen the US Intelligence report that concluded MBS ordered the murder of Khashoggi, finding fault with it because it was made during the Biden administration.

Of course, not reading the report made it a lot easier for Jared to accept $2 billion from MBS. Jared acts like being made to feel uncomfortable about accepting a $2 billion gift from a murderer is worse punishment than being sliced apart by a bone saw.

Under the Trump regime, our nation feels it’s more important to secure arms deals with Saudi Arabia than to stand up for our American principles. Plus, those arms deals deliver a quid pro quo as the Saudi Government will conduct golf tournaments at Trump golf courses, and invest in new Trump resorts in their nation.

Just remember that all the money Trump and Jared take from MBS is blood money.

How does Donald Trump sleep at night? Probably in a bed full of KFC and Big Mac crumbs.

Did I do that? ToonAmerica, the site using AI to steal my cartoons, is down.

Why is it down? Because of this.

May be an image of text

The thieves can’t fight my reports or those from my colleagues, so they remove the videos, avoiding copyright strikes and saving their channel from deletion. They saved the channel, but now there’s no content because all their content was stolen copyright. That’s all they had.

I’m not declaring victory yet because I don’t know if the ToonAmerica YouTube channel will start over, create a new channel, find another scam to fuck people over with, or give up. But for now, they can’t monetize the cartoons they stole, at least not on YouTube.

But TikTok is something else.

Now I have to take them down on TikTok.

AmeriSatire, the other one stealing cartoons with AI, is still up, but they’re next on my target. Thanks to my friend and colleague, Pedro Molina, I now know that they’ve stolen one of my cartoons.

That means I can file a report on them. And why did AI make Flynn a donkey?

cjones11282020

Creative note: I almost did my bone saw cartoon yesterday, but went for the Pete Rose one instead. I think this cartoon is better and more important.

Music note: I listened to Blondie.

Drawn in 30 seconds: (snip-go see it!)

The Sedition Act of 1918, and More, in Peace & Justice History for 5/16

May 16, 1792
Denmark became the first country to outlaw the slave trade.
CHRONOLOGY-Who banned slavery when? 
May 16, 1918
The U.S. Congress passed the Sedition Act, legislation designed to protect America’s participation in World War I. Along with the Espionage Act of the previous year, the Sedition Act was orchestrated largely by A. Mitchell Palmer, the United States attorney general under President Woodrow Wilson. The Espionage Act, passed shortly after the U.S. entrance into the war in early April 1917, made it a crime for any person to convey information intended to interfere with the U.S. armed forces’ prosecution of the war effort or to promote the success of the country’s enemies.
Aimed at socialists, pacifists and other anti-war activists, the Sedition Act imposed harsh penalties on anyone found guilty of making false statements; insulting or abusing the U.S. government, conscription, the flag, the Constitution or the military; agitating against the production of necessary war materials; or advocating, teaching or defending any of these acts.

The Sedition Act of 1918 
May 16, 1943
The Nazis crushed the Jewish uprising in the Warsaw ghetto after a month of bloody fighting.
56,000 died in the struggle.


Read more 
May 16, 1967
Nhat Chi Mai immolated herself in Saigon, the capital of South Vietnam, to protest the war.
“I offer my body as a torch / to dissipate the dark / to waken love among men / to give peace to Vietnam.”

The flower known as Nhat Chi Mai.
Read more 
May 16, 1998
Tens of thousands of Britons supporting Jubilee 2000 formed a human chain around the meeting place of the G7 Summit (an annual meeting of the leaders of the largest industrial countries) in Birmingham, England. Jubilee 2000 urged the major international lending countries to relieve terms of and forgive the massive indebtedness of poor countries around the world.
Jubilee 2000 by Noam Chomsky 

https://www.peacebuttons.info/E-News/peacehistorymay.htm#may16

Wry Giggle…

Saturday Morning Breakfast Cereal

By Zach Weinersmith

https://www.gocomics.com/saturday-morning-breakfast-cereal/2025/05/15

Whiner

Charlie Hustle by Clay Jones

Meet Donny Grifter Read on Substack

After being banned from Major League Baseball for life, gambler Pete Rose and others like Shoeless Joe Jackson are now eligible to be voted into the Baseball Hall of Fame.

Rose was banned in 1989 and spent the rest of his life crying about it instead of offering repentance. He didn’t even stop gambling. He never helped his case, even when it seemed Baseball wanted to bring him back.

Commissioner Rob Manfred made the ruling and said, “In my view, once an individual has passed away, the purposes of Rule 21 have been served. Obviously, a person no longer with us cannot represent a threat to the integrity of the game. Moreover, it is hard to conceive of a penalty that has more deterrent effect than one that lasts a lifetime with no reprieve.”

If Rose hadn’t bet on baseball, or if he hadn’t been caught, he would have been voted into the HoF as soon as he was eligible, which is five years after retirement. His 4,256 hits, 3,562 games played, and 15,890 plate appearances are still unbroken records. Across 24 seasons, Rose made 17 All-Star teams, won three batting titles, won the 1973 NL MVP, and won three World Series trophies. Rose earned the nickname “Charlie Hustle” for his aggressive style of play. Rose always seemed to find himself on base, and then the next, and then the next, until he was across home plate. He is a baseball legend. Even his gambling addiction couldn’t take away his legend.

I was excited when I heard this, not because I am a baseball fan and am in Rose’s corner. I’ve always had mixed views about Rose’s ban, and Shoeless Joe Jackson’s, for that matter. I was excited because I thought that here’s a chance I can do a cartoon that’s not about Donald Trump. And then I read how this ban was lifted.

Goddammit.

(snip-MORE; Go Read It!)

Flamingos!

Watch flamingos create water tornadoes to trap their prey

May 14, 2025 Imma Perfetto

A pink flamingo dunks its head underwater sending out ripples
Chilean flamingo. Credit: Victor Ortega Jiménez, UC Berkeley

Flamingos are known for posing serenely on one leg in extreme wetlands, placidly bobbing their heads into the shallow water to feed. But a new study has revealed there’s more going on beneath the surface than meets the eye.

It seems flamingos create controlled underwater chaos to actively trap their prey, according to the research in the journal Proceedings of the National Academy of Sciences

They use a repertoire of behaviours, including stomping feet, jerking heads, and chattering beaks, to create swirling “underwater tornadoes” that concentrate and funnel prey into their mouths.

“Flamingos are actually predators, they are actively looking for animals that are moving in the water,” says lead author of the paper Victor Ortega Jiménez, an assistant professor of integrative biology at the University of California Berkeley in the US.

“The problem they face is how to concentrate these animals, to pull them together and feed. Flamingos are using vortices to trap animals, like brine shrimp.

“It’s not just the head, but the neck, their legs, their feet and all the behaviours they use to effectively capture these tiny and agile organisms.”

https://players.brightcove.net/5483960636001/HJH3i8Guf_default/index.html?videoId=6372736054112

Credit: Victor Ortega Jiménez, UC Berkeley

Ortega Jiménez and his collaborators trained Chilean flamingos at the Nashville Zoo to feed from a shallow aquarium.

They used high speed cameras and laser light to view the gas bubbles created in the water to visualise the animals’ feeding behaviour. They then confirmed their observations using fluid dynamics computer simulations and experiments using 3D printed models of flamingo beaks and feet.

They found that flamingos stomp their floppy webbed feet to churn up the sediment beneath them, propelling it forward in whorls.

The birds then draw these vortexes towards the water’s surface by jerking their heads upward at speeds of about 40cm/s, creating mini tornadoes that concentrate particles of food.

https://players.brightcove.net/5483960636001/HJH3i8Guf_default/index.html?videoId=6372734765112

Credit: Victor Ortega Jiménez, UC Berkeley

These small vortices are strong enough to trap even agile invertebrates, such as brine shrimp and microscopic crustaceans called copepods.

The flamingos’ heads remain upside down within this watery vortex, with their unique beaks angled so that the flat front end stays parallel to the bottom. They then “chatter”, clapping the lower beak open and shut about 12 times every second, to create smaller vortices that direct sediment and food into their mouths.

Experiments with 3D replicas of flamingo beaks revealed that chattering increases the number of brine shrimp captured by the beak seven-fold.

They found that flamingos also use a technique called “skimming”, which involves pushing the head forward while chattering to create sheet-like vortices – called von Kármán vortices.

https://players.brightcove.net/5483960636001/HJH3i8Guf_default/index.html?videoId=6372736433112

Credit: Victor Ortega Jiménez, UC Berkeley

“We observed when we put a 3D printed model in a flume to mimic what we call skimming, [it produces] symmetrical vortices on the sides of the beak that recirculate the particles in the water, so they actually get into the beak,” Ortega Jiménez says.

“It’s this trick of fluid dynamics.”

The team believes that their findings could be used to design better systems for concentrating and sucking up particles, such as microplastics, from water.

Next, Ortega Jiménez aims to determine the role of the flamingo’s piston-like tongue and how the comb-like edges of the beak filter prey out of the water.

Today is International Conscientious Objector Day, and More in Peace & Justice History for 5/15

May 15, 1870

Julia Ward Howe
Julia Ward Howe, suffragist, abolitionist and author of the “Battle Hymn of the Republic,” proposed Mother’s Day as a peace holiday.
She had seen firsthand some of the worst effects of war during the American Civil War—the death and disease which killed and maimed, and the widows and orphans left behind on both sides and realized that the effects of the war go beyond the killing of soldiers in battle. Mother’s Day did not become a national holiday until declared by President Woodrow Wilson in 1914.

“… Disarm! Disarm!
The sword of murder is not the balance of justice.”
Blood does not wipe our dishonor,
Nor violence indicate possession.
As men have often forsaken the plough and the anvil
At the summons of war,
Let women now leave all that may be left of home
For a great and earnest day of counsel.”

Read about her Mother’s Day Proclamation 
May 15, 1935
The National Labor Relations Act was passed, recognizing workers’ rights to organize unions and bargain collectively with their employers. 
Read more  
May 15, 1957
Britain tested its first hydrogen bomb over Christmas Island in the South Pacific, after just two years of development.
 

Mushroom cloud over Christmas Island
May 15, 1965
A National teach-in to oppose the Vietnam War was held in Washington, D.C.
May 15, 1966
The American Friends Service Committee, SANE (The Committee for a Sane Nuclear Policy), and Women March for Peace, along with four other organizations, sponsored a 10,000+ person anti-war picket at the White House and a 60,000+ rally at the Washington Monument to oppose the Vietnam War.
. . . elsewhere the same day . . .
Buddhist altars were placed in streets to impede troops arresting dissidents in South Vietnam.
May 15, 1969
Governor Ronald Reagan sent in the National Guard to reclaim People’s Park from 6,000 protesters in Berkeley, California, who had occupied the space
and created the park.
Police gunfire killed a bystander, James Rector, blinded another, and injured dozens.


People’s Park March, Friday May 30, 1969, at the intersection of Haste Street and Telegraph Avenue, in Berkeley
May 15, 1970
In response to the U.S. invasion of Cambodia (an expansion of the Vietnam War) and the killings at Kent State and Jackson State Universities, several million U.S. students held campus strikes to oppose the Vietnam War.
May 15, 1970
The Native American Rights Fund filed suit on behalf of the Hopi tribe to prevent strip-mining on sacred Black Mesa in Arizona.
May 15 (since the 1980’s)
International Conscientious Objectors Day, established to honor those who leave or refuse to enter their country’s armed forces for reasons of principle.
Conscientious Objector Day history

https://www.peacebuttons.info/E-News/peacehistorymay.htm#may15

Appeals Court Decides In Favor of First Amendment to US Constitution

Hamburger Mary’s Goes to the 11th Circuit by Joyce Vance

A case you need to know about! Read on Substack

This post is about a case that could be easily overlooked with so much Trump news spewing through the fire hose these days. But Florida’s continued aggression in the culture wars has the potential to affect all of us. So, as here, when a brave plaintiff takes its case to court and wins, it’s news we all need to know about.

On Tuesday, the Eleventh Circuit Court of Appeals decided HM Florida-ORL, LLC v. Sec. of Florida DBPRa case involving Hamburger Mary’s, a restaurant and bar in Orlando that regularly hosted drag performances, including family-friendly shows. When the Florida legislature passed SB 1438 in 2023, Hamburger Mary’s canceled its family-friendly drag shows and prohibited minors from attending any of its other shows out of fear of losing its business and/or liquor license. As a result, Hamburger Mary’s lost 20% of its bookings.

The new law gave state agencies the power to target LGBTQ+ friendly businesses in two major ways:

  • It gave the Department of Business and Professional Regulation discretionary authority to fine, revoke liquor licenses, and even shut down establishments.
  • It made it a crime to admit young people to any performance, exhibit, play, or show that the state deems inappropriate, even if the child’s parents think it is appropriate for their family.

The bill was an effort by conservative politicians, led by Florida Governor Ron DeSantis, to impose their beliefs on the entire state. It was a major salvo in the culture wars. Their too-clever-by-half mechanism was to punish private businesses that included or supported the LGBTQ+ community in order to exclude that community from being a public presence in Florida. The law’s language was so vague that businesses had no realistic way of knowing what it prohibited, meaning they had to take the extreme steps Hamburger Mary’s took to pull back their offerings in order to avoid the risk they’d be put out of business.

So, Hamburger Mary’s filed a lawsuit against Florida, its governor, and Secretary of the Florida Department of Business and Professional Regulation (FDBPR) Melanie Griffin, seeking a preliminary injunction that would keep the state from enforcing its law while the litigation proceeded. The district court granted the preliminary injunction and the Secretary appealed to the Eleventh Circuit.

The issue in the case involves the First Amendment, as you’ve probably figured out by now. Although the technical legal issue was whether the district court had been correct to grant the injunction, the substantive issue is whether Florida’s Senate Bill 1438 (“The Protection of Children Act”), which prohibits children from attending “adult live performances,” is unconstitutional under the First Amendment, because it is both vaguene and overly broad.

The Eleventh Circuit ruled in Hamburger Mary’s favor, keeping the injunction against enforcement of SB 1438 in place, because the panel believed the law was likely unconstitutional—both too vague for people to understand what they could and couldn’t do to remain in compliance with it and overbroad in its supposed efforts to protect children without regard to their parents’ views.

It’s significant that this decision comes out of the conservative Eleventh Circuit, although admittedly, the composition of this panel, which included both an Obama and a Biden appointee, is unusual. Florida could seek en banc review from the full court, in hopes of getting a more favorable hearing. The decision was 2-1. The third judge on the panel, Senior Judge Gerald Bard Tjoflat, was appointed by President Gerald Ford. His objection to the majority’s decision primarily involved a belief that the injunction came too early, and the courts should have demurred until they saw how the state enforced the law in practice.

Among the most interesting points made in the opinion:

  • The Court found the penalties for violations under SB 1438 “grievous.” The penalties for violations include a $5,000 fine for a first offense or a misdemeanor prison sentence of up to a year.
  • On protecting First Amendment rights, they noted that “The government cannot shroud rules in foggy language and then blame would-be speakers for their fears of what may lurk in the fog.” Laws like this use vagueness as a means to get private individuals and businesses to obey in advance, staying as far back as possible from the line of conduct the law prohibits in order to avoid the consequences of violating it. In this way, the state restricts far more First Amendment-protected conduct than they are legally entitled to. The panel wasn’t having any of it. It noted the importance of securing “breathing room for free expression” in a case like this.
  • We’ve seen injunction cases before, so we know that Hamburger Mary’s had to demonstrate it was likely to succeed on the merits of its claim in order to get the injunction. The court underscored the point above when it found that they met this burden, discussing the “chilling effect” laws like this have, and the way they discourage people from speaking their minds, even if their speech doesn’t fall squarely within what the law prohibits. They noted that “[T]he Act’s vagueness…means it is likely to stifle a substantial amount of protected speech,” explaing that at oral argument, the state had been unable to explain, for instance, how to decide what kind of performances would be acceptable for kids of different ages, which the law requires venues to do to avoid penalties. They concluded, “If the Secretary’s attorney can’t articulate the difference, it’s hard to imagine how we could expect performance proprietors to know what the Act means.”

At least for now, the First Amendment is still alive and kicking in Florida. The majority in this case held that the state was trying to “empower those who would limit speech” but that “the First Amendment empowers speakers instead.” “Requiring clarity in speech regulations,” the court wrote, “shields us from the whims of government censors.” This case is important for Floridians and for the LGBTQ+ community. Beyond that, in a time when our rights are under attack, it’s important for all of us.

We’re in this together,

Joyce

From The Morning Memo:

Quote Of The Day

“This is a once-in-a-century brain gain opportunity.”–Australian Strategic Policy Institute, urging its government to woo U.S.-based scientists and researchers caught in the Trump II attack on research and development

https://morningmemo.talkingpointsmemo.com/i/163554935/quote-of-the-day

Have A Great Wednesday!

https://www.gocomics.com/lastkiss/2025/05/14