More than a week after he reserved ruling, a federal judge ruled in favor of Naples Pride, blocking the city of Naples’ attempt to restrict a public drag performance.
On May 12, in a 49-page order, District Judge John Steele referred to the city’s permitting restrictions as “clearly invalid” under the First Amendment. He had reserved ruling May 2.
“In spite of the Court’s ruling, the City believes it has the legal authority to grant special event permits on its property with reasonable conditions to ensure public safety,” Odelsa Dickman, who represents the city, wrote in an emailed statement May 13. “The City is evaluating the Court’s decision to determine its next steps.”
In his order, Steele granted the preliminary injunction in part, saying Naples Pride’s drag performance is protected speech.
The drag performance, which is part of Naples Pride’s Pride Fest, is slated for June 7.
The City of Naples, Mayor Teresa Heitmann, Naples Police Chief Ciro Dominguez, Naples City Council members and Naples Police are listed as co-defendants in the discrimination lawsuit, accused of violating the First Amendment.
In his order, Steele wrote that Naples Pride forbids performers from incorporating nudity or vulgar, sexual, or obscene content into their performances, among other restrictions that would allow the presence of minors.
Naples Pride filed its federal lawsuit after city officials denied their permit for an outdoor drag performance and instead would only allow an indoor performance restricted to people of age.
The order notes that Pride Fest’s first four editions — in 2017, 2018, 2019 and 2022 —, all events, including the drag performance, happened outdoors on Cambier Park’s main stage.
The initially approved permit, which had received a 5-2 vote, was modified to require that the drag-show performance be held indoors and attendance restricted to adults only.
According to the order, a series of complaints in 2022 led to an investigation into the performances.
Joshua Goldman, the attorney representing Naples Pride, on May 2 said in court before Steele that drag performances are “not adult entertainment.”
The temporary injunction only applies to this year’s edition of Pride Fest, slated June 7. Steele ordered that Naples Pride post $100 bond.
Once Naples Pride has posted $100 bond, Steele restricts city officials from prohibiting the planned Pride Fest; imposing an age restriction; enforcing conditions on the permit; and revoking, terminating or modifying the permit.
Steele ruled that the preliminary injunction does not impact the security the city may provide to Pride Fest “as long as it does not prohibit” the drag performance from taking place outdoors in Cambier Park “or impose an age restriction on its audience.”
According to court documents, in 2017, the cost of security at the event was $1,125. Since 2022, when security cost $3,867, it has risen every year.
The price tag climbed to $5,513.75 in 2023 and $15,520 in 2024.
The city has said security fee this year would cost $30,697.50 for an indoors event and $44,160 outdoors. The fee makes up approximately two-thirds of the proceeds generated at the 2024 Pride Fest, according to court documents.
Steele that Naples Police’s assessment for security costs is “not inherently unconstitutional,” later adding that “what the City cannot do is assess against an event organizer the portion of additional fees attributable to the event’s controversial nature.”
The judge ruled that “extraordinary relief is not warranted for the security fee at this time.”
In contrast, a similar event in Cape Coral last year cost $7,682.59 in security fees.
The preliminary injunction expires June 8. The News-Press and the Naples Daily News could not immediately reach Naples Pride for comment.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran, Facebook @tomasrodrigueznews and Bluesky @tomasfrodriguez.
This article originally appeared on Naples Daily News: Federal judge rules Naples Pride’s Pride Fest drag performance may happen outdoors
Reporting by Tomas Rodriguez, Naples Daily News / Naples Daily News
USA TODAY Network via Reuters Connect
