The city of Naples has filed a notice of appeal and an emergency motion to stay the preliminary injunction pending appeal on Friday, and Naples Pride only has until the end of the business day to file a response.
A U.S. federal judge granted a preliminary injunction in the lawsuit Naples Pride filed against the city of Naples and the Naples Police Department on May 12. The city had a limited time to respond.
Naples City Council had voted unanimously to appeal the federal judge’s ruling that would allow drag performances at this year’s Pride Fest during a closed-door executive session.
"Emergency consideration is warranted because absent an expedited stay, the Naples Pridefest drag show will take place outdoors in Cambier Park on June 7, 2025, and children of any age will be able to attend, thereby irreparably harming the interests of Defendants and the public," the city of Naples said in its emergency motion to stay the preliminary injunction pending appeal.
In its emergency motion to stay argument, the city said that they will suffer irreparable harm without a stay and that public interest "strongly favors" granting the city a stay.
Additionally, the city argues that Naples Pride will not be harmed if a stay is granted because it would still allow Pride Fest to go on, but it would be indoors like previous years.
According to the emergency motion, the city also argues that the special use permit for Naples Pride that created a limited public forum is viewpoint neutral and reasonable. Finally, Naples said the event being a special event program is a content and viewpoint neutral time, place and manner program.
"The City of Naples has not used its ordinance “as a pretext for suppressing expression, but rather has sought to make some areas available for [Pridefest’s drag show] and [its] patrons, while at the same time preserving the quality of life in the community at large” by restricting the drag show to an indoor facility and individuals aged 18 or older," the city of Naples said in its emergency motion.
With the pride event scheduled for June 7, Naples wants a ruling on the emergency motion by May 29.
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