Naples City Council unanimously voted to appeal a federal court ruling allowing Naples Pride to host its drag queen show on the Cambier Park stage during Naples Pride Fest next month. 

Naples Pride also vowed to continue its legal battle. 

“We’re disappointed the city intends to appeal a ruling that was both clear and constitutionally sound,” Cori Craciun, the nonprofit’s executive director, said in an email. “We remain committed to defending the First Amendment rights of everyone in our community, and we will continue to stand for inclusion, visibility and the fundamental rights that make Pride — and democracy — possible.” 

Council met at 1 p.m. May 16 and went into executive session for just more than two hours to discuss legal strategy with City Attorney Matthew McConnell. The special meeting came four days after U.S. District Court Judge John Steele ruled Naples Pride could host its drag queen show on the park stage, rather than indoors as Council required. 

As about 30 people packed council chambers awaiting a vote, Councilman Bill Kramer made a motion to authorize the City Attorney’s Office to work with City Manager Gary Young and Mayor Teresa Heitmann to “assemble the appropriate legal representation” to appeal the preliminary injunction — including Alliance Defending Freedom, religious liberty law firm Becket or another private firm — and to authorize the mayor to execute any legal retainer agreements. The motion was seconded by Council Member Ray Christman and passed 7-0. 

The mayor then warned the audience to remain civil, with no boos or clapping, and said speakers would be limited to 2 minutes each and they’d allow just 20 minutes of comment. However, she then allowed about an hour, all 26 speakers who signed up, with three supporting Naples Pride. Most speakers were not city residents. 

Opponents urged Council to protect children, Cambier Park and the city’s reputation, contending an outdoor drag show near a park playground would constitute grooming and confuse children. They called drag sexual and obscene. Some maintained the private attorney the city hired to argue in federal court was more concerned about insurance costs, not city residents. Others said they wanted to protect their children and grandchildren from perversion. 

An aide for Republican state Rep. Yvette Benarroch, whose district covers Collier County, said she couldn’t attend due to surgery and legislative responsibilities in Tallahassee, but sent a statement. 

“I’m heartbroken and outraged that an adult-themed drag performance is being allowed to take place in a public park where children and families gather,” Shavontae Dominic read. “This isn’t about politics, it’s not about targeting anyone. It’s about drawing a clear line between what is acceptable in front of children and what is not.” 

“There is no such thing as a family-friendly performance that involves sexually suggestive content. Adults can make their own choices, but our kids should not be exposed to this kind of material, especially not in taxpayer-funded public spaces,” she said, noting parks are for family picnics and birthday parties. “I urge the city of Naples to act. … I believe this community still has the courage to do what’s right.” 

Pride supporters maintained the judge’s ruling was correct and questioned whether opponents had ever gone to a pride event, where drag queens are fully clothed. They called it a nonsexual performance, an art form, and the Council had an opportunity to educate the public. 

“It should never have taken a federal judge to remind this council that the First Amendment exists,” said Lauren Candito, who proudly admitted to being queer. “It should never have taken a lawsuit to affirm that drag is art, that pride is protected speech and that joy is not a threat to society or safety, but a rebuke to fear itself. But that’s what it’s taking. And now, even after being told clearly and constitutionally that your actions were wrong, you’re still choosing to fight. 

“… Instead of honoring that ruling, you chose defiance, you chose delay, you chose misinformation and fear. You labeled us as dangerous, demanded we pay an exorbitant price, while shielding us from the very bigots that you claim to empower,” she continued, alleging: “If you cared about safety and about city charm, you’d start with yourselves, including looking at a mayor who has a DUI arrest and poses a higher risk to children in our community than performers.” 

The controversy began in January, when Naples City Council voted 5-2 to grant Naples Pride’s permit to host the festival from 11 a.m. to 4 p.m. June 7. However, it required the drag show to take place indoors, restricted to attendees 18 and older. Vice Mayor Terry Hutchison and Councilman Bill Kramer opposed any permit.  

In addition to other city permit fees, Naples Pride would be charged $30,697.50 in security fees to hold the drag show indoors or $44,160 for outdoors. The charges were recommended by Police Chief Ciro Dominguez, who told Council higher fees were necessary due to the likelihood of protestors and possible confrontations. In addition to city police, he said, Collier County Sheriff’s deputies and SWAT team members will be used to monitor up to 3,000 attendees and protesters.  

There’s only been one arrest — for disorderly conduct in 2023.  

Since the festival began in 2017, the drag show had taken place outdoors on the Cambier Park stage. That stopped in 2023, when Florida’s Protection of Children Act made it a misdemeanor to expose children to “sexually explicit live performances” — a law that was later ruled unconstitutional; an appeal is pending. Naples Pride says that law never should have applied to its family-friendly show, where drag queens are fully clothed. 

It’s the nonprofit’s major fundraiser, an annual event that brings together religious and secular communities, nonprofits, banks, health professionals and other vendors, along with music and entertainment. 

Naples Pride had argued the indoor-performance fee represents about two-thirds of the festival’s total 2024 proceeds, while the proposed outdoor-performance fee is about equal to what the festival raised that year. It also pointed out fees for much larger events were far lower. 

Represented by the ACLU of Florida and New York law firm Patterson Belknap Webb & Tyler LLP, Naples Pride sought an injunction against the city. 

On May 13, Steele said the nonprofit had proven that requiring Naples Pride to move the drag show indoors was content-based and infringed on free speech and expression, and that the fees were increased due to expected protests.  

“What the city cannot do is assess against an event organizer the portion of additional fees attributable to the event’s controversial nature,” Steele wrote in a 49-page ruling. “Naples Pride may eventually succeed in challenging a portion of the fee that was assessed here.” 

But he did not rule on what it should be reduced to and declined to grant a preliminary injunction on fees, noting it’s not needed at this time because security is needed, the precise amount can’t be computed at this time and no payment is due until 60 days after Naples Pride receives an invoice. 

His order stated Naples Pride had established it likely would suffer “irreparable harm” if he didn’t grant a preliminary injunction; that possible harm to the nonprofit’s First Amendment rights outweigh the harm a preliminary injunction may cause to the city; and issuing a preliminary injunction was in the public’s interest. 

However, he ruled Naples Pride had not shown it’s “substantially likely” to prevail on its challenge to the city’s “permitting scheme,” which it argued was “facially unconstitutional” and allows city officials “unbridled discretion” to restrict speech.