A federal appeals court has decided to let the city of Naples, Florida, protect children from obscene images from a drag show that had been scheduled to be in public view, within sight of their park playground.
That’s according to Liberty Counsel, which has been fighting on behalf of children who in past years had been protected from the offensive and inappropriate imagery by the city’s requirement that the show be indoors.
It was the 11th U.S. Circuit Court of Appeals that granted an appeal by Naples to allow it again to impose the requirement that the show be behind closed doors.
It’s part of the “Pride” events that are still scheduled during the month of June, even though the White House has not recognized that designation.
The decision suspends a lower court’s ruling that blocked the city’s requirement that the show be indoors.
The Naples Pride organization had claimed a First Amendment right to put on its display in Cambier Park, just 100 feet form a children’s playground.
The lower court agreed with the activists, but the appeals court, 2-1, said such limits did not “disturb” the First Amendment rights of the organization.
Since the 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 report said.
The court also noted the same restrictions had been in place for 2023 and 2024 “without substantial injury to the First Amendment rights.”
According to the ruling, “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.’ Here … the two permit conditions were not added based on Naples Pride’s viewpoint. And they were reasonable in light of the special event.”
Just weeks ago the city council voted to move “the traditionally lewd and indecent drag show indoors away from Cambier Park that is frequented by parents and their children,” Liberty Counsel reported.
It was John Steele, a judge, who appeared to believe “the Naples Pride characterization that its drag show is ‘family friendly.’”
However, evidence presented to the court contained 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,” Liberty Counsel said.
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