ATLANTA, GA – Today, the Eleventh Circuit Court of Appeals granted an appeal by the city of Naples, Florida that will allow it to protect children by moving an obscene LGBTQ drag show performance indoors with an adult-only requirement at a “pride” festival on June 7.

The decision removes a lower court’s injunction that blocked the city’s restrictions on the performance over First Amendment concerns, which would have allowed the lewd show to be performed at Cambier Park just 100 feet from a children’s playground. However, the appeals court ruled 2-1 that the restrictions did not “disturb” the First Amendment rights of Naples Pride, the LGBTQ advocacy group sponsoring the show. Since the two restrictions did not target the expressive views of Naples Pride, but rather safety concerns for residents and visitors, the appeals court determined the lower court “abused its discretion” and removed the injunction.

The appeals court also noted that the drag performance was a “limited public forum” involving a specific topic, such as LGBTQ celebration, and had a specific class of speakers specially selected by the event organizer. Since the same restrictions had been placed on the last two performances in 2023 and 2024 without substantial injury to the First Amendment rights, the court ruled the restrictions were reasonable.

“In a limited public forum, the city’s ‘restrictions on speech must not discriminate against speech on the basis of viewpoint and must be reasonable in light of the purpose served by the forum,’” wrote the appeals court. “Here…the two permit conditions were not added based on Naples Pride’s viewpoint. And they were reasonable in light of the special event.” 

In April, the Naples City Council voted 5-2 to move the traditionally lewd and indecent drag show indoors away from Cambier Park that is frequented by parents and their children, and to put an adults-only restriction on the event. 

After Naples Pride sued for an injunction, U.S. Judge John Steele seemed to accept the Naples Pride characterization that its drag show is “family friendly.” In an amicus brief, Liberty Counsel presented evidence to the contrary containing photographic documentation from the 2022 outdoor show held just 100 feet from the children’s playground. These images depict male performers in obscene drag performing lewd poses and simulating sexual acts that are unsuitable for minors. The drag performers also invited children to place money in their waist bands like strippers in a bar as the men shook their over-stuffed brazier tops and “twerked” their fish net covered hind ends mimicking sexual activities no child should ever see. The scenes are revolting and totally inappropriate for children. 

However, Judge Steele made no mention of these depictions nor did his injunction address the rights of parents or the government’s compelling interest to protect children from sexually inappropriate conduct.

The city of Naples had previously revoked the group’s permit to use the park after these lewd 2022 performances, and Naples Pride was forced to take their sexual deviancy celebration behind closed doors. In 2023 and 2024, the event was held inside and away from children in the park. But this year, the same group wanted to publicly display their scantily clad bodies to visually assault the children and indoctrinate them.  

Liberty Counsel Founder and Chairman Mat Staver said, “We commend the Eleventh Circuit for ruling to put appropriate restrictions on an obscene drag performance. The First Amendment does not require any city to provide its public spaces for every type of expressive conduct under every condition preferred by the speaker. The First Amendment does not protect an obscene drag performance in full view of a children’s playground. Putting indoor and age restrictions on this event, as a limited public forum, passes constitutional muster in the interest of public safety. Citizens do not have to tolerate obscene drag shows in view of their children.”

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