Neldin Molina says the breasts of a drag queen proved quite dangerous.
Molina, from Denver, visited Hamburger Mary’s in Tampa Bay, Florida, along with friends and family for a birthday celebration on May 30, 2015, according to a lawsuit filed last month. The restaurant chain is known for its LGBTQ-friendly atmosphere and energetic drag shows.
The 53-year-old alleges she just wanted some food — and that she had no idea of what was to come next. A hostess didn’t warn her about the impending drag show, the lawsuit says, and there weren’t any signs throughout the restaurant promoting it.
The show would land her in the hospital, according to the lawsuit, which seeks $1.5 million for medical costs and “suffering physically and/or mentally.”
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The trouble started around 8:45 p.m., Molina says. She was enjoying some fish and chips with friends when loud music started to play and a crowd began to cheer. She noticed a performer on a stage behind her and then heard chatter about a drag show.
Molina says she continued to eat her meal while turning around to watch the drag performer behind her. About an hour into the show, a drag queen named Amanda D’Hod approached Molina’s table, according to the lawsuit.
The woman said she tried to ignore the queen in hopes that she would be left alone.
It didn’t work out that way. Instead, the lawsuit alleges that D’Hod began to touch Molina’s shoulders while her back was turned and then walked in front of her. The drag performer is accused of shaking her breasts on Molina’s face and neck nearly 10 times and then “violently” pounding the Colorado woman’s face against D’Hod’s breasts “up to 9 times” more.
Those last vigorous moves sent Molina to the hospital, the lawsuit says. She felt “excruciating pain” and a headache right after the incident, she alleges, and a worker at Hamburger Mary’s said they would tell the owner about her injuries.
The lawsuit says Molina ended up in the hospital on June 2 with “excruciating cervical pain and uncontrollable headaches” — but it took “months” for a claims examiner from Tristar Risk Management to say that her injuries weren’t covered under its general liability policy.
Molina, who argues that she also has permanent damage to her cervical spine from the drag queen’s thrusting chest, said in her lawsuit that Hamburger Mary’s had a duty to notify patrons about the upcoming show that night.
She also accused D’Hod of having a “lack of concern” before “deciding to take such a violent act.”
“It’s not a good thing for anyone to go up to someone and perform that way,” Molina told the Tampa Bay Times. “There are a lot of people who have medical issues. I wasn’t aware that this was going to happen.”