While restrictions were permitted, the spirit of Pride remains untouched: joyful, resilient, and protected by the Constitution
NAPLES, FL – Today, the Eleventh Circuit Court of Appeals granted the City of Naples' request to temporarily impose last-minute restrictions on this weekend’s Naples Pridefest, allowing the city to require the relocation of a family-friendly drag performance indoors and prohibiting anyone under 18 from attending that performance.
By granting the city’s request on the preliminary injunction, the Court pauses a thorough 49-page lower court ruling that clearly found Naples’ restrictions infringed on free speech, and barred the city from enforcing them. The lawsuit continues.
Today’s ruling modifies how one part of the celebration may proceed — but not why the celebration matters. Naples Pridefest will continue as planned, a vibrant reflection of the LGBTQ+ community’s strength, love, and unshakable presence in public life.
“This ruling doesn’t reflect the inclusive spirit our community deserves — but it doesn’t erase it either,” said Cori Craciun, Executive Director of Naples Pride. “We’re still here. We’re still proud. And we’re still gathering to honor who we are, together.”
“What the City did was wrong, even if it wasn’t stopped in time,” said Callhan Soldavini, Board Member and Corporate Counsel of Naples Pride. “We respect the rule of law and will comply with the restrictions — but we won’t pretend this is justice. It never is when fear wins over freedom. Righting the wrongs of injustice takes time, but make no mistake: we will keep fighting — this case is not over. No going back.”
“The court’s decision goes against generations of legal precedent holding that the government cannot restrict speech just because those who don’t like that speech may break the law,” said Jonah Knobler, partner at Patterson Belknap Webb & Tyler LLP. “We respect the court, but we strongly disagree with what it did here. This isn’t the end of the legal road — or the fight for free expression in Florida.”
“This moment makes clear how fragile access to public space can be for LGBTQ+ communities,” said Samantha Past, LGBTQ+ Rights Staff Attorney at the ACLU of Florida. “It’s disappointing. But the law still protects LGBTQ+ people — and we’re committed to proving that, again and again, wherever it’s challenged.”
“This outcome changes the form, not the force, of Pridefest,” said Bacardi Jackson, Executive Director of the ACLU of Florida. “Our celebration is resilient. Our communities are resilient. And our fight to ensure that every person has the inalienable right to live fully, freely, and visibly — is unwavering. While we didn’t get the ruling we hoped for, we move forward knowing that justice is rarely linear, but always worth pursuing. Because when the rights of one group are threatened, the freedoms of all Floridians are at risk.”
Pridefest will go on as planned this Saturday at Cambier Park. Naples Pride and the ACLU of Florida invite you to bring your flags, your laughter, your joy, your truth, your friends, and your full self. Because no matter what anyone says: Pride is happening. Pride is joyful. Pride belongs here — and so do you.
Read more about the court order here.
