Naples Pride v. City of Naples
2:25-cv-00291
M.D. Fla.Jun 6, 2025Background
- Naples Pride, Inc. sought permits from the City of Naples, Florida to host drag performances at a city park for three consecutive years (2023–2025).
- Each year, the City approved the event with two conditions: performances must be indoors and only adults (18+) may attend.
- In 2025, Naples Pride sued, alleging the permit restrictions violated its First Amendment rights, and obtained a preliminary injunction blocking the restrictions.
- The City moved to stay (pause) the injunction while the appeal proceeds, arguing the restrictions were valid.
- The Eleventh Circuit granted the stay, allowing the City to enforce the restrictions pending resolution, over a dissent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the permit restrictions are viewpoint or content-based and unconstitutional | Restrictions target expression due to its content/viewpoint (drag/LGBTQ+ expression), thus unconstitutional | Restrictions imposed for safety, not viewpoint; not content-based | Restrictions are not viewpoint-based, imposed for safety |
| Whether the venue is a public or limited public forum | Forum is a public park, subject to strict scrutiny for speech regulation | Special event is a limited public forum; more leeway for rules | Limited public forum; restrictions are reasonable and viewpoint-neutral |
| Whether preliminary injunction was justified (irreparable harm) | Ongoing First Amendment violation is irreparable harm | Delay in seeking injunction negates irreparable harm | Delay undercuts irreparable harm; stay is warranted |
| How the balance of harms/public interest factors | City's restriction harms free speech; public interest favors injunction | City's inability to enforce ordinance is injury; public safety interest | City's interests outweigh, so stay is granted |
Key Cases Cited
- Abbott v. Perez, 585 U.S. 579 (injunction against enforcement of duly enacted statutes causes irreparable harm to the state)
- Maryland v. King, 567 U.S. 1301 (Roberts, C.J., in chambers) (state suffers irreparable injury when prevented from enforcing its laws)
- Good News Club v. Milford Cent. Sch., 533 U.S. 98 (viewpoint discrimination prohibited in limited public forums)
- Iancu v. Brunetti, 588 U.S. 388 (restrictions on speech deemed "immoral or scandalous" are viewpoint-based and unconstitutional)
- Nken v. Holder, 556 U.S. 418 (standard for granting stay pending appeal)
- League of Women Voters of Fla., Inc. v. Fla. Sec’y of State, 32 F.4th 1363 (factors for preliminary injunction and stays)
- FF Cosms. FL, Inc. v. City of Miami Beach, 866 F.3d 1290 (First Amendment violations constitute irreparable harm)