A federal judge has granted a preliminary injunction allowing a sexually explicit drag show to occur next to a playground in Naples, Florida, during LGBTQ Pride month.

The injunction states that “Naples Pride’s ‘family friendly’ drag performance is expressive conduct that constitutes ‘speech’ under the First Amendment.”

Naples Pride, the group sponsoring the event, was previously barred from using the space after the group’s 2022 drag show included lewd content that sparked outrage in the community. The event occurred about 100 feet from a playground in Cambien Park. According to Christian law firm Liberty Counsel, the event included men dressed in obscene drag outfits performing sexually explicit poses and mimicking sexual activities.

The Naples City Council established in April that the event must be held indoors rather than in a public space visible to children and must restrict its audience to only adults. Naples Pride and the American Civil Liberties Union then filed suit against the city, claiming First Amendment rights to not only hold their events outdoors but also to allow all ages to view their so-called “family friendly” event.  

Liberty Counsel filed an amicus brief in the case to support the concerns of three Collier County parents and then a motion to intervene after a May 2 hearing.

Liberty Counsel argued in the motion that the city during the hearing did not address Florida’s Protection of Children Act, established in 2023. The act prohibits drag shows from holding events in view of minors.

Mat Staver, Liberty Counsel’s founder and chairman, addressed the disregard of Florida law.

“The First Amendment does not protect an obscene drag performance in full view of a children’s playground,” Staver said, “and Florida law outright bans it. Restricting speech for children that is otherwise protected for adults passes constitutional muster in the interest of protecting their well-being. Citizens do not have to tolerate obscene drag shows in view of their children.”

However, the motion to intervene was denied. On May 13, U.S. District Judge John Steele, relying solely on arguments given in court, issued the preliminary injunction to permit Naples Pride to use the space for the June event.

“Unfortunately, the strongest defenses to the city’s drag show restrictions were not presented to the court,” Staver said. “Liberty Counsel will keep working to intervene in this case to give parents who wish to protect their children from obscene drag performances a fuller defense on the legal and constitutional issues left unspoken by the city of Naples.”

Photo: Alamy