A Naples, Florida drag show was forced indoors by federal appellate judges hours before it was supposed to begin, according to a court order released yesterday.

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The United States Court of Appeals for the Eleventh Circuit’s decision was authored by Judges Robert Luck and Andrew Brasher, both Trump appointees. They ruled on Naples Pride, Inc. v City of Naples, a case relating to the city of Naples mandating that Naples Pride have drag content indoors and restrict it to patrons above 18, in spite of non-sexual content being a key part of drag.

“Naples Pride will not be substantially injured by a stay because it can hold the drag performance under the same two permit conditions that applied to the last two performances, in 2023 and 2024. And the public has an interest in the enforcement of the city’s ordinance and the safety of residents and visitors in the city,” they said, making a vague argument on the basis of “safety,” without listing what is being protected by an indoor performance beyond vague threats of violence from anti-drag actors.

Judge Nancy Abudu, a Biden appointee, dissented, arguing that this is squarely a viewpoint-based restriction. “There is nothing about the district court’s factual findings, legal analysis, or ultimate decision that is clearly erroneous and, therefore, there is no justification for essentially reversing it by granting the City’s motion for a stay,” she said, pointing out that the appellate court’s decision to reverse the lower district court is not based on facts, but rather an “abuse of discretion standard, that we are required to afford lower courts”

Jonah Knobler, an attorney representing Naples Pride, said in a statement to Naples Daily News, “The court’s decision goes against generations of legal precedent holding that the government cannot restrict speech just because those who don’t like that speech may break the law. We respect the court, but we strongly disagree with what it did here. This isn’t the end of the legal road — or the fight for free expression in Florida.”

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