Naples Pride lawsuit advances, court questions city event restrictions

NAPLES, Fla. - A federal court has partially granted and denied a motion to dismiss a lawsuit filed by Naples Pride against the City of Naples and related entities.

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The lawsuit challenges restrictions imposed on the annual Pridefest event, specifically concerning the location and audience for drag performances.

The court document states that Naples Pride, a nonprofit organization, alleged that the city's requirements for the event to be held indoors and restricted to adults only were unconstitutional. The court found that the organization presented sufficient claims that these restrictions were based on public opposition to drag performances, rather than legitimate safety concerns.

The court also addressed the security fees charged to Naples Pride, which were significantly higher than those for other local events. Naples Pride argued that these fees were unfairly increased due to anticipated protests against the event, which the court acknowledged could represent a "heckler's veto" and an unconstitutional burden on free speech.

The motion to dismiss claims against individual city officials in their official capacities and the Naples Police Department was granted, as these claims were deemed redundant against the city itself. However, the court denied the dismissal of the broader claims against the city's permitting process, which Naples Pride argues allows for excessive discretion and could chill free speech.

Naples Pride plans to hold its next Pridefest in April, and anticipates similar restrictions. The court's decision allows the organization to continue its legal challenge against the city's permit conditions.