Jun 10, 2025
A federal appeals court has ruled that a sexually explicit drag show cannot be held near a children’s playground in Naples, Florida, affirming the city's decision to move the event indoors and restrict it to adults. The decision by the 11th U.S. Circuit Court of Appeals came just one day before the scheduled June 7 performance, which was part of LGBTQ Pride Month. Naples Pride and the ACLU had filed suit after the city council voted 5-2 to relocate and limit the event, following complaints from a 2022 drag performance that took place roughly 100 feet from a playground. According to Liberty Counsel, performers engaged in sexually suggestive acts that were deemed inappropriate for children.
The 11th Circuit overturned a lower court ruling that had sided with Naples Pride, emphasizing that while the event took place in a limited public forum where viewpoint discrimination is restricted, the city’s actions were based on public safety concerns—not ideological opposition. The court concluded that requiring the event to be indoors and adult-only did not violate free speech rights, noting that similar conditions had applied in 2023 and 2024. Liberty Counsel Chairman Mat Staver praised the decision, stating that the First Amendment does not compel cities to permit obscene performances in view of children and that the city’s restrictions were constitutionally sound and necessary to protect minors.
Stay Awake. Keep Watch.
SOURCE: Decision Magazine