Overview

• The 11th U.S. Circuit Court of Appeals granted a stay on a district judge’s preliminary injunction, allowing Naples to enforce the permit conditions.
• The stay permits Naples to restrict the drag show to an indoor space capped at 200 attendees and to prohibit anyone under 18 from entering.
• Judges Robert Luck and Andrew Brasher concluded the conditions were viewpoint neutral and justified by safety concerns at a special event.
• Judge Nancy Abudu dissented, arguing that the indoor venue and age limits are inherently viewpoint and content based restrictions on expression.
• A footnote in the majority’s opinion emphasized that this case applies only to Naples’ local ordinance and does not affect the separate challenge to Florida’s 2023 statewide drag show law.