Federal appellate judges forced a drag show at Naples Pride indoors hours before the event began.
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The U.S. Court of Appeals on Friday stayed a ruling by U.S. District Judge John Steele that had allowed the Florida event to take place on a public, outdoors stage. But as officials, including Republican Gov. Ron DeSantis and U.S. Rep. Byron Donalds, openly criticized the decision, Naples city officials requested appellate judges put the impact on hold until higher courts settle the broader issue.
“The city has a substantial case on the merits that the district court abused its discretion in preliminarily enjoining the permit conditions,” reads a majority opinion from the appellate court.
Ultimately, judges said Naples was not imposing restrictions on speech but on safety concerns.
That happened just as Naples Pridefest was ready to begin on June 6. That made organizers shift the planned show from Cambier Park to the Norris Center next door, as reported by the Naples Daily News. The show was also closed to anyone under age 18.
U.S. Circuit Judges Robert Luck and Andrew Brasher, both appointees of President Donald Trump, formed the majority opinion.
Meanwhile, U.S. Circuit Judge Nancy Abudu, an appointee of former President Joe Biden, dissented. She maintained Naples violated the First Amendment rights of Pride organizers by imposing restrictions when the show violates no law. Notably, a Florida law restricting venues from allowing all ages to drag show has been ruled unconstitutional, and appellate judges have said that the statute cannot be enforced right now.
“While threats of violence should be taken seriously, courts also have been extremely cautious about not elevating a ‘heckler’s veto’ into an extra factor of consideration when determining whether a gathering for the public should be so severely clamped down that the expression is unduly hampered,” Abudu wrote.
Naples has cited the potential of violent protests as a reason for venue restrictions and for exorbitant security fees, which Steele ordered the city to revisit.
Naples Pride organizers issued a statement ahead of the event promising to comply with the court decision, but still promising to fight the matter in court.
“Our broader lawsuit — challenging discriminatory security fees and defending our First Amendment rights — remains active and ongoing in federal court. We’re moving forward with hope and conviction,” reads a statement from Naples Pride.
The ACLU has continued to support the court fight.
