Naples (Florida) Restrictions on Drag Performance at Pride Fest Likely Unconstitutional

Judge John Steele : Naples Pride , Inc. v. City of Naples , Florida , was ordered to move drag performance indoors.

He says the court finds that the drag performance is inherently expressive and constitutes "speech" in the meaning of the First Amendment .

The court likewise concludes that the age restriction mandate was likely unconstitutional as well.

Naples Pride and the public are entitled to security at Pridefest , and that some security fee can be properly assessed.

The City rejects the idea that the amount of the security fee constitutes a "heckler's veto" because that concept contemplates silencing speech in its entirety, which has not occurred here.