Federal Appeals Court Upholds Limits On Florida Drag Show, Including No Minors Rule

Authored by Tom Ozimek via The Epoch Times,

A federal appeals court has ruled that the city of Naples, Florida, can lawfully require a drag performance at this weekend’s Pride Fest event to be held indoors and restricted to adult audiences.

In a split June 6 decision, the U.S. Court of Appeals for the 11th Circuit reversed a lower court’s preliminary injunction blocking local restrictions. The court found that Naples Pride, the nonprofit organizing the event, had waited too long to challenge the conditions after accepting the same terms in 2023 and 2024.

The majority concluded that the city’s decision to impose the restrictions was not based on the group’s viewpoint, but rather on public safety concerns. The judges also held that the performance venue—a city park—constitutes a “limited public forum,” where speech protections under the First Amendment are subject to greater regulation.

The court added that the performance could still go forward under the same conditions as in previous years—indoors and adults-only—and that the city had a strong argument that its rules were reasonable and viewpoint-neutral.

In dissent, Circuit Judge Nancy Abudu criticized the majority’s reasoning, arguing that the city’s restrictions were “undeniably viewpoint and content-based” and thus unconstitutional, regardless of whether the park is viewed as a traditional or limited public forum.

Earlier this month, U.S. District Judge John Steele issued a preliminary injunction barring Naples from enforcing the indoor and age-restriction requirements. That ruling came in response to a lawsuit filed in April by the ACLU of Florida on behalf of Naples Pride, alleging violations of constitutional free speech rights.

Reacting to the 11th Circuit’s reversal, the ACLU of Florida called the decision “disappointing” and vowed to continue the legal fight. Naples Pride likewise criticized the ruling, but said it would comply with the restrictions, for now.

“We respect the rule of law and will comply with the restrictions—but we won’t pretend this is justice,” Callhan Soldavini, board member and corporate counsel for Naples Pride, said in a statement. “Righting the wrongs of injustice takes time, but make no mistake: we will keep fighting.”

The case now returns to the lower court, where Naples Pride’s claims for damages will proceed.

In response to the ruling, the Naples Police Department said on June 6 that the police would be on-site during the event to ensure public safety.

“As a result, the City may continue enforcing its event ordinance while the case proceeds,” the department said in a post on social media. “We remain committed to protecting public safety, upholding constitutional rights, and ensuring the safe use of public spaces.”

Meanwhile, the same court of appeals ruled in mid-May that a Florida restaurant known for hosting drag shows could continue hosting the performances pending further litigation in a case that challenges enforcement of the state’s Protection of Children Act.

The law prohibits the admission of children into live performances that Florida considers obscene for minors. However, the court found that the restrictions in the act were too vague as they applied to the shows held at the restaurant.