A federal judge ruled on Monday that Naples Pride can include drag at Cambier Park this June as part of people’s First Amendment Constitutional rights. The First Amendment protects rights for people to express themselves, to gather with other people and to protest the government.
The announcement of the U.S. District Court decision came from the American Civil Liberties Union through a press release on Monday, May 12, following the ruling.
"In an important win for free speech and the LGBTQ+ community, a federal court today granted a preliminary injunction in favor of Naples Pride, clearing the way for the organization to once again host a family-friendly drag performance on the main stage of a public park during its annual Pridefest celebration,” the ACLU announced in the statement.
The order was signed by U.S. District Judge John Steele in the case of Naples Pride against Naples City Council and Naples Chief of Police, each individually named.
The court confirmed that Naples Pride’s drag performance was targeted because of its message, the ACLU stated.
Naples Pride had been able to celebrate without restrictions on drag performances outside at Cambier Park for several years, until political changes led to people dressed in drag to be forced inside, out of the public eye, and away from people under age 18. The indoor-only and age restrictions are no longer allowed per the judge’s recent order.
"This was part of a broader, ongoing campaign across Florida and the United States to suppress drag performances and LGBTQ+ events in violation of the First Amendment,” the ACLU said in the media release.
Naples Pride filed the lawsuit through representation from the ACLU of Florida and Patterson Belknap Webb and Tyler LLP to ensure that its message of acceptance, celebration, openness, and freedom from fear can be freely expressed, according to the press release.
“As a small nonprofit with limited resources but limitless resolve, Naples Pride stood up to defend the Constitution — and won. We fought not just for ourselves, but for anyone who’s ever been marginalized, silenced, or told to hide,” said Cori Craciun, executive director of Naples Pride.
Callhan Soldavini, attorney and on the board for Naples Pride, was part of celebrating the win as well.
"A federal judge has ruled that the City of Naples violated the First Amendment by attempting to restrict public drag performances at our Pride festival — and by imposing discriminatory security fees designed to appease opposition stirred by fear and prejudice,” Soldavani said.
The security fees estimated by the City exceeded $30,000.
"The court found the City's actions unconstitutional — a powerful and unequivocal affirmation that free speech is protected, that the government must remain free from ideological bias, and that our existence cannot be censored to satisfy fear or political pressure,” Soldavani said.
“Drag is art. Drag is expression. Drag is protected speech under the First Amendment,” she added.
The drag performance, which is part of Naples Pride's Pride Fest in Cambier Park in Naples, is scheduled June 7. The temporary injunction signed by Steele expires the next day.
Coastal Breeze News first reported the change of Pride as part of a look at civil liberties affected while celebrating Martin Luther King, Jr Day. Leaders of Collier NAACP expressed solidarity at the time.
Naples City Council voted 5-2 in January to keep drag shows of the annual Naples Pride Fest in June segregated from the rest of Cambier Park. Two of the City Council members didn’t support continuing the seventh annual Pride event at all.
“They’re segregating us. They’re taking a part of our community and shoving them back in the closet,” Craciun had said at the time.
Now, with the judge’s orders, the community will be allowed to be out in the park again, as it had been years prior.
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