A federal judge has allowed the Naples Pridefest 2025 event to be staged June 7.
NAPLES, Fla. – A federal judge has rejected a motion from the city of Naples to lift a preliminary injunction barring the city from enforcing permit restrictions for a drag performance, calling some of the permitting rules potentially unconstitutional.
Judge John Steele of the Middle District of Florida issued the order on May 27 in a case involving Naples Pride Inc., which challenged the restrictions the city sought to impose on its Pridefest 2025 event this coming weekend at Cambier Park. The city viewed the restrictions, including requirements that the drag performance take place indoors at a 200-seat facility and that minors be prohibited from attending, as necessary security measures and “content-neutral.”
But Naples Pride objected to the permitting rules, including security fees of at least $30,698, and argued in a lawsuit filed in April that the city’s permitting regime violated the First Amendment. In turn, Steele issued a preliminary injunction on May 12 barring the defendants from enforcing the age and venue restrictions.
“Since Pridefest 2025 and its drag performance are scheduled for June 7, 2025, and the preliminary injunction by its terms expires on June 8, 2025, granting a stay would essentially vacate the preliminary injunction,” he said in the opinion.
The city is standing by its arguments that it has the authority to impose reasonable limitations on such events.
“While this outcome was anticipated, the city’s legal team is reviewing the order and determining next steps with the 11th Circuit Court of Appeals,” the city said in a statement emailed to the Florida Record. “The city remains confident it has both the legal responsibility and the authority to attach reasonable restrictions on special-event permits to ensure public safety. Beyond this, and as a matter of policy, the city does not comment in detail on legal strategy for active litigation.”
Naples had sought an emergency motion to stay the judge’s order pending the city’s appeal to the 11th Circuit Court of Appeals. In its latest motion in the federal district court, the city argued that its “special events program” involved only a “certain class of speakers” and was not constitutionally questionable.
But Steele rejected the argument, concluding that “the location and age restrictions are content- and viewpoint-based, and thus, unconstitutional, whether the forum is a traditional or limited public forum.” The defendants have not made a strong case that they would succeed in the litigation based on the merits of the case, he said.
The opinion also pointed out that the Naples Police Department had indicated the department would have adequate personnel to accommodate an outdoor stage show.
Steele concluded that placing a stay on the preliminary injunction would result in substantial injury to Naples Pride. But the court determined that Naples Pride did not warrant relief from security fees since the total to be charged has yet to be finalized.
In addition, the judge rejected Naples Pride’s argument that the city’s entire permitting regime violated the First Amendment on its face.
In a separate ruling on a 2023 state law restricting minors from attending drag shows, a three-judge panel of the 11th U.S. Circuit in May upheld a preliminary injunction barring enforcement of that measure.
