Appeals court says city can restrict LGBTQ drag show, move indoors away from kids

A federal appeals court sided with the city of Naples, Florida on Friday in its move to restrict a Pride celebration this weekend, ensuring the drag show is indoors away from children.

In a 2-1 decision from the 11th U.S. Circuit Court of Appeals, the panel said Naples did not appear to discriminate against Naples Pride when it required the drag show to take place inside with age restrictions for safety and security reasons.

Naples Pride had argued that it was being discriminated against in violation of the First Amendment, but the panel said there is no evidence that the city issued restrictions out of hostility.

“The city has a substantial case that the two permit conditions were not imposed based on Naples Pride’s viewpoint,” the majority said. 

Judge Robert Luck, a Trump appointee, and Judge Andrew L. Brasher, also a Trump appointee, were in agreement with the city, while Judge Nancy Abudu, a Biden appointee, dissented. 

She said the panel should have left the injunction intact that prevents the city from imposing restrictions on Naples Pride from taking effect for its June 7 event. 

The dispute arose after Naples Pride sued the city of Naples after city officials told the organization it would have to hold its drag show indoors and restrict the age of people who attend.

Judge John Steele, a Clinton appointee, had ruled the city’s restrictions went too far, and the June 7 event could take place at Cambier Park, located in downtown Naples near a large children’s play area.

Naples moved the drag show indoors — away from children — over the past two years, when cities across the country grappled with how to handle a push from LGBTQ advocates to hold drag shows with children at parks and public libraries.

According to Naples Pride’s initial complaint, the group held its shows outdoors since 2017 but was forced to hold them indoors in 2023 and 2024. Ticket sales and fundraising then dropped, the group said.