The show will go on for Naples Pride’s annual Pridefest drag show this year following a federal judge’s ruling that the City of Naples’ restrictions on the event partially violate the First Amendment.
On May 12, District Judge John Steele ordered a partial preliminary injunction in Naples Pride’s ongoing lawsuit against the city, allowing the annual Pride Month drag performance to take place this year on the main stage of Naples’ Cambier Park, with all ages allowed to attend.
The lawsuit was brought in April. It alleged that the permitting restrictions placed on the show — namely, that it occur indoors and be restricted to 18 and older audiences — and the security fee estimate of over $30,000, were discriminatory and unconstitutional.
While Naples Pride’s request for the fees to be dismissed wasn’t granted, the judge did rule that the fees, nearly ten times the amount charged in 2022, are partially based on unlawful factors.
The city has said security fee this year would cost $30,697.50 for an indoors event and $44,160 outdoors. The fee makes up approximately two-thirds of the proceeds generated at the 2024 Pridefest, according to court documents.
The annual Pridefest is the largest fundraiser for the LGBTQ+ social services nonprofit.
Callhan Soldavini is a board member of and attorney for Naples Pride. She says that the ruling makes clear that city governments can’t silence free speech in the name of public safety.
“When government officials impose special fees because they dislike a message or they fear how others might react to it, like our opposition or protesters, that's what's called in the law a hecklers veto, and that's a direct assault on the First Amendment. I think that's what yesterday's ruling makes clear, is that cities don't get to silence marginalized communities by pricing them out of public spaces like the public park.”
Samantha Past, attorney for the ACLU of Florida and lead attorney on Naples Pride’s case, says that this decision is bigger than just Naples.
“This is a very hopeful sign for other litigation in the future, in Florida and elsewhere. This is in federal court, so that's helpful when it comes to other federal courts, not just for drag performances, but first amendment and protected speech.”
Judge Steele has asked for the city to redetermine the security fees for the event.
When reached for comment, the City of Naples said in a statement, “Notwithstanding the Court’s decisions yesterday, 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 yesterday and will determine its next steps.”
Pridefest 2025 will be held in Cambier Park on June 7, from 11 a.m. to 4 p.m.
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