
A panel of the 11th U.S. Circuit Court of Appeals, in a 2-1 decision, approved a city request for a stay of a preliminary injunction that U.S. District Judge John Steele issued last month to block the restrictions.
While the stay doesnโt resolve the underlying issues in the case, it means the preliminary injunction is not in effect.
The group Naples Pride filed the lawsuit to challenge restrictions such as a requirement that the drag show be held inside a building with a 200-person capacity and that minors be barred from attending. Naples Pride sought a permit to hold the show at an outdoor mainstage in the cityโs Cambier Park, according to Steeleโs preliminary injunction ruling.
While the city argued the restrictions were needed to address safety concerns, Steele concluded that they violated First Amendment rights.
โThe cityโs requirement of an indoor location for the drag performance, even if a good faith attempt to mitigate risk, is clearly viewpoint and content based,โ Steele wrote in the May 12 preliminary-injunction ruling. โIt is the perceived expressive conduct of the drag performance, and the potential hostile reaction it may engender in others, that caused the city to restrict the drag performance to the inside of a small building, and to disallow a performance at Cambier Parkโs bandshell.โ
But Fridayโs majority opinion by the appeals-court panel disagreed with that conclusion and said similar restrictions were used in 2023 and 2024.
The opinion, shared by Judges Robert Luck and Andrew Brasher, said the โtwo permit conditions were not added based on Naples Prideโs viewpoint. And they were reasonable in light of the special event.โ
โNaples Pride will not be substantially injured by a stay because it can hold the drag performance under the same two permit conditions that applied to the last two performances, in 2023 and 2024,โ the opinion said. โAnd the public has an interest in the enforcement of the cityโs ordinance and the safety of residents and visitors in the city.โ
But Judge Nancy Abudu, in a dissenting opinion, backed Steeleโs conclusion and wrote that the cityโs โrequirements that the performance be held only inside and that only those 18 years old and over can attend are undeniably viewpoint and content based.โ
The battle over the Naples event has come amid a broader dispute about a 2023 state law designed to prevent children from going to drag shows.
In her dissent Friday in the Naples case, Abudu pointed to the appeals court ruling in the Hamburger Maryโs case. She wrote that unless that ruling is overturned, it โremains a valid basis for the district courtโs conclusion that Naples Pride is likely to succeed on the merits of its First Amendment claims.โ
But a footnote in Fridayโs majority opinion drew a distinction between the cases. It said the Naples case โis about the cityโs special event ordinance as applied to Naples Prideโs special event. It has nothing to do with (the state law), and our decision in (the Hamburger Maryโs case) says nothing about whether the district court abused its discretion by granting a preliminary injunction here.โ
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This article appears in Jun 5-11, 2025.
