NAPLES, Fla. — A federal judge has approved a preliminary injunction in favor of Naples Pride, meaning they can have drag performances outside at Cambier Park during Pridefest.
The ruling came down on Monday afternoon from Judge John E Steele.
The injunction says the defendants in the case, which include City Council members, the city and police, cannot prohibit drag outside. They also cannot impose an age restriction on the audience of performance.
Additionally, the city must go back and reevaluate the fees given in the permit.
Naples Pride explains, it's members are excited about the decision:
Court documents say the injunction "does not impact the security that Defendants may provide to Pridefest as long as it does not prohibit the Drag Performance from taking place outdoors in Cambier Park or impose an age restriction on on its audience."
In the injunction, it starts the "threatened injury to its First Amendment rights outweighs the harm a preliminary injunction may cause to Defendants."
The judge also called this approval in the public interest.
Naples Pride filed a lawsuit against the city in April, claiming the rules imposed by the city are unconstitutional, while city officials maintain their actions are based on safety concerns.
While the city council approved the permit, they mandated that drag shows must be held indoors with attendance restricted to those 18 and older, rather than taking place on stage at Cambier Park.
Inside the federal courthouse on May 2, Naples Pride's attorneys argued the city's $44,000 security fee estimate is unconstitutional. They also contended that prohibiting outdoor drag performances violates free speech protections.
"...a portion of the assessed security fees violate the First Amendment, but extraordinary relief is not warranted for the security fee at this time...," the motion read.
The city's attorneys countered that police must create customized security plans based on risk factors for events like PrideFest. They maintained that moving drag performances indoors addresses security concerns and potential threats, rather than limiting free speech.
Fox 4 reached out to the City of Naples for a statement regarding the judge's decision.
Notwithstanding the Court’s decisions today, the City believes it has legal authority to grant special event permits on its property with reasonable conditions to ensure public safety. The City is currently evaluating the orders rendered today and will determine its next steps.
