U.S. District Judge John Steele ruled that Naples city officials violated the First Amendment by requiring Naples Pride to hold its drag performances indoors and limiting attendance to those 18 and older. This followed a lawsuit by Naples Pride after security costs skyrocketed. The judge noted the city's restrictions were based on viewpoint discrimination. While he acknowledged the need for security at the event, he found the initial charge of $36,000 excessive and ordered a reevaluation of the security fees, leaving future costs uncertain but likely lower than previously estimated.
The judge stated, "The Cityâs requirement of an indoor location for the drag performance, even if a good faith attempt to mitigate risk, is clearly viewpoint and content based."
"It is undisputed that Naples Pride and the public are entitled to security at Pridefest, and that some security fee can be properly assessed," the judge added.
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