A U.S. federal judge has denied the city of Naples' emergency motion to stay a preliminary injunction Tuesday that will allow Naples Pride's Pridefest drag show to take place outdoors.
"All four stay factors lean against granting the requested stay. Therefore, Defendants’ motion for a stay pending appeal is denied," according to the judge in the official opinion and order.
A federal judge granted the preliminary injunction on May 12 in the lawsuit Naples Pride filed against the city and the Naples Police Department. That allows for the drag show to happen outdoors instead of indoors.
The city of Naples filed the notice of appeal and emergency motion to stay the preliminary injunction pending appeal last week. Naples Pride then filed an expedited response in opposition.
On Tuesday, the federal judge denied the city's emergency motion to stay.
In the opinion, the judge explained how the four stay factors the city argued leaned against granting a stay. For the likelihood of success, the judge wrote that Naples did not strongly show that success or a "substantial case" on merit.
According to the judge's opinion, Naples did not show that it would suffer irreparable harm without a stay. The judge also wrote that the city did not show how a stay would not substantially injure Naples Pride, and it did not show that public interest favors a stay being granted.
The Naples Pride event is scheduled for June 7, and as of now, the drag show at Pridefest will take place outside.
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