A U.S. District Judge has issued a preliminary injunction permitting a sexually explicit drag show to take place in view of children at a June 7 pride festival in Naples, Florida, according to Liberty Counsel, a non-profit legal group.

The decision has sparked controversy, as it overturns the Naples City Council’s efforts to protect minors by relocating the event indoors and restricting it to adults only.

In April, the Naples City Council voted 5-2 to move the proposed drag show, organized by Naples Pride, from Cambier Park—a public space with a children’s playground just 100 feet away—to an indoor venue with age restrictions.

This decision followed concerns about the event’s explicit content, which Liberty Counsel described as “grossly inappropriate” for children.

Naples Pride, supported by the ACLU, sued the city, arguing that the restrictions violated their First Amendment rights. The ACLU sought a preliminary injunction to restore the event to its original outdoor location without age limits.

Liberty Counsel, representing three Collier County parents, filed a motion to intervene in the lawsuit, aiming to uphold the city’s restrictions and protect children from exposure to sexualized performances.

The group cited Florida’s 2023 “Protection of Children Act,” which bans public drag shows in view of minors, and provided evidence of a 2022 Naples Pride event featuring lewd performances near the playground.

Photos from that event showed drag performers in obscene costumes, simulating sexual acts, and inviting children to place money in their waistbands—actions Liberty Counsel called “revolting and totally inappropriate for children.”

During a May hearing in U.S. District Court, the city of Naples defended its restrictions by arguing that Cambier Park is a limited public forum where permits can be subject to reasonable, viewpoint-neutral criteria.

However, Liberty Counsel criticized the city for not presenting stronger arguments, such as the explicit nature of the performance and the applicability of Florida’s child protection law.

They noted that while a federal judge previously blocked enforcement of the law for one Florida agency, the law itself remains in effect.

On the ruling date, U.S. District Judge John Steele sided with Naples Pride, finding that the drag show constitutes “speech protected by the First Amendment.”

He granted the preliminary injunction, allowing the event to proceed outdoors at Cambier Park without age restrictions.

Steele also denied Liberty Counsel’s motion to intervene, stating it was filed too late for the injunction decision.

However, the court left open the possibility for Liberty Counsel to join the case later as litigation continues to determine the case’s full merits.

As a result of the ruling, children at Cambier Park on June 7 may be exposed to content that Liberty Counsel and concerned parents deem sexually inappropriate.

Mat Staver, Liberty Counsel’s Founder and Chairman, expressed disappointment but vowed to continue the fight.

“The First Amendment does not protect an obscene drag performance in full view of a children’s playground, and Florida law outright bans it,” Staver said.

“Restricting speech for children that is otherwise protected for adults passes constitutional muster in the interest of protecting their well-being.”

Liberty Counsel plans to seek intervention in the ongoing litigation to present a fuller defense of parents’ rights and Florida law, which they believe the city failed to adequately argue.