NAPLES, FL – In an important win for free speech and the LGBTQ+ community, a federal court today granted a preliminary injunction in favor of Naples Pride, clearing the way for the organization to once again host a family-friendly drag performance on the mainstage of a public park during its annual Pridefest celebration.
In a decisive 49-page order, the court struck down the City of Naples’ permitting restrictions, calling them “clearly invalid” under the First Amendment. The ruling blocks the City’s attempts to limit the event to an indoor venue and an adult-only audience. It also found the City’s estimated security fee, in excess of $30,000, to be based in part on unlawful factors.
The court confirmed that Naples Pride’s drag performance was targeted because of its message. This was part of a broader, ongoing campaign across Florida and the United States to suppress drag performances and LGBTQ+ events in violation of the First Amendment. Represented by the ACLU of Florida and Patterson Belknap Webb & Tyler LLP, Naples Pride filed this lawsuit to ensure that its message of acceptance, celebration, openness, and freedom from fear can be freely expressed.
“As a small nonprofit with limited resources but limitless resolve, Naples Pride stood up to defend the Constitution — and won. We fought not just for ourselves, but for anyone who’s ever been marginalized, silenced, or told to hide,” said Cori Craciun, Executive Director, Naples Pride. “We will not be erased. Not today. Not ever. Today, we celebrate the truth: love is stronger than fear, and visibility is freedom.”
“This victory is bigger than drag, bigger than one Pride celebration, and bigger than one community,” said Callhan Soldavini, Board Member and Corporate Counsel, Naples Pride. “It is a victory for the rule of law, for the principles of democracy, and for the foundational ideal that no government — local, state, or federal — may silence voices simply because they are different, or because they challenge the status quo. It reaffirms that the Constitution protects everyone equally — not just the favored or the familiar.”
“The First Amendment does not play favorites and does not bend to bias,” said Samantha Past, LGBTQ+ Rights Staff Attorney, ACLU of Florida. “As the Court recognized, Naples Pride’s drag performance is expressive, symbolic conduct that is protected speech. Today's decision affirms the powerful truth that the government cannot censor speech just because it disrupts someone's version of comfort or convention. We’re proud to stand with Naples Pride — and the broader LGBTQ+ community — in this victory.”
“The court got it right. Drag challenges traditional gender roles — and that makes some people uncomfortable, or even angry. They have the right to feel that way, and to speak their mind. But drag is protected speech, and Naples can’t restrict that speech just because some of its residents don’t like it. That’s First Amendment 101,” said Jonah Knobler, Partner, Patterson Belknap Webb & Tyler LLP. “We’re proud to represent Naples Pride and the principles of free speech — and we look forward to Naples Pridefest taking place next month, free of unlawful restrictions. Anyone who doesn’t approve is free not to attend.”
The order can be viewed here.
