Firm Secures Preliminary Injunction on Behalf of Naples Pride
On May 12, 2025, the firm, along with co-counsel ACLU Florida, obtained a significant victory for Naples Pride, protecting the organization's First Amendment right to host a drag performance in a Naples, Florida public park as part of its 2025 LGBTQ+ Pridefest celebration.
Starting in 2023, the City of Naples made clear that if Naples Pride attempted to apply for a permit to host a family-friendly drag performance in an outdoor public space, it would be rejected. As a result, Naples Pride had to host its 2023 and 2024 drag performances at a small indoor venue that could accommodate only a fraction of its usual audience. As a small nonprofit, Naples Pride lost significant fundraising and was unable to express its desired message of acceptance of all LGBTQ+ people. In 2025, Naples Pride sought to return the performance outdoors on the park’s mainstage, but was met with unconstitutional burdens from the City, including indoors-only and adults-only restrictions and an exorbitant security fee.
On April 11, the firm and ACLU Florida filed a lawsuit in the U.S. District Court for the Middle District of Florida, arguing that the City's actions violated the First Amendment by burdening the protected speech of Naples Pride and the ability of its audience to receive that speech. Given that Pridefest was just over a month away, the firm moved for a preliminary injunction. A hearing was held on the motion on May 2.
Ten days after the hearing, the Court issued an order awarding a preliminary injunction to Naples Pride. The Court found that forcing the performance to be held inside and barring minors from attending the family-friendly show violates the First Amendment. The Court also agreed with the firm's argument that the exorbitant permit fee was unconstitutional, at least in part, because it included amounts assessed based on the event's supposedly “controversial" nature. However, the court deferred a final decision on the fees until a later date, since payment of those fees is not due until after Pridefest.
The Patterson Belknap team included Jonah Knobler, Thomas Kurland, Justin Zaremby, and Anthony Wong.
To read the Court’s order, please click here.
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