A federal appeals court has given the city of Naples, Florida, the green light to require that a drag performance be moved indoors, citing concerns about shielding children from exposure to lewd conduct.

The 11th U.S. Circuit Court of Appeals overturned a lower court’s decision and ruled that the city’s safety-based requirement for the event’s location did not violate the First Amendment rights of the organizers, WND reported.

The legal dispute centered on a drag show planned for Cambier Park, a popular public venue in downtown Naples. The event was organized by Naples Pride and originally scheduled to occur in the open air near a playground just 100 feet away. City officials raised concerns over the content of previous performances and the proximity to an area frequented by children.

City officials cite concern over youth exposure.

Weeks before the ruling, the Naples City Council imposed two permit requirements aimed at moving the planned drag show indoors. Petitions to enforce those conditions were based in large part on the city's concern over what it considered lewd exhibitionism at past events. Officials claimed such conduct made public performances inappropriate so close to a space intended for children.

In response, Naples Pride challenged the city’s conditions in court, asserting that their show was family-oriented and should not be subject to location restrictions. A lower federal court appeared to accept this claim and temporarily blocked the indoor requirement, describing the show as potentially suitable for a public forum. That ruling was overturned by the appeals court.

According to the 11th Circuit majority, the city’s rules were “reasonable in light of the special event” and did not discriminate against the content or viewpoints expressed by Naples Pride. In a 2-1 decision, the appellate judges emphasized that the restrictions occurred within a limited public forum, where authorities have more latitude to impose content-neutral guidelines.

Evidence from past performances influenced the ruling.

The court considered photographic and video evidence from the 2022 Naples Pride drag show. Materials submitted included depictions of male performers dressed in provocative fabric and engaging in simulated sexual movements. The performers were shown encouraging children to interact by placing money in their waistbands, behaviors the city described as inappropriate for minors.

Liberty Counsel, a legal organization involved in defending the city’s position, described the materials in stark terms. The group stated that the performers mimicked activities that “no child should ever see,” pointing to acts such as twerking and dancing in exaggerated undergarments. These portrayals were part of the city’s justification for seeking greater control over the show’s staging.

Though Naples Pride maintained that their shows are conducted with family considerations in mind, the appeals court noted that the city’s actions were not based on disagreement with the group’s message. “The two permit conditions were not added based on Naples Pride’s viewpoint,” the ruling stated. Instead, the decision focused on the physical setting and intended audience of the performance. The legal standard of public forum supports regulations

The appeals court explained that Cambier Park qualifies as a limited public forum, a designation within constitutional law that affords officials more flexibility in setting conditions. In such forums, governments may apply reasonable rules as long as they don’t censor based on subject matter or outlook. The court found that these criteria were met.

Officials pointed out that the indoor requirement had already been in place for two consecutive years, during both the 2023 and 2024 Naples Pride events. According to the court, there was no significant damage to First Amendment protections during those years, reinforcing that the city's rules did not constitute an unlawful limitation on free expression.

Judge John Steele, who previously ruled in favor of Naples Pride in the lower court decision, appeared to accept their assertion that the show posed no issue in an outdoor setting. However, the new ruling determined that visual evidence outweighed subjective descriptions of the show’s tone. The court emphasized that the images provided raised legitimate public safety considerations.

A dissenting voice raises concern over expression.

The ruling was not unanimous. One judge dissented, suggesting that the majority may have overreached in framing the city’s regulation as neutral. The dissent raised the possibility that concerns over the nature of the drag show could have influenced enforcement decisions more than the city acknowledged.

Despite this viewpoint, the majority determined that the city’s interest in protecting young parkgoers was valid and not content-based. The court concluded that ensuring performances of a sexualized nature are not take place given to children was both a reasonable and lawful exercise of municipal authority.

As a result of the ruling, the upcoming drag performance affiliated with Naples Pride must be held indoors, adhering to the location restrictions set by the city. Naples Pride has not yet announced whether it will appeal this appellate decision to a higher court.