Black Community News News and Commentary for Christians
The city of Naples, Florida, has won the argument in a case involving a homosexual organization called Naples Pride.
According to Liberty Counsel, Naples Pride sought a city permit to hold an obscene drag show in a city park near a playground. In previous years, Naples Pride had to hold the show inside and away from children.
The city council had voted 5-2 in April to move a proposed drag show from outside at a park that children and parents frequent to inside away from children — and restrict the event to adults only.
Naples Pride sued on First Amendment grounds, asking the court to issue a preliminary injunction to stop enforcement of the restrictions. The city argued that permits to hold events are subject to reasonable and viewpoint neutral criteria. A lower court granted Naples Pride’s preliminary injunction.
The city appealed that decision. A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit on Friday found in favor of the city.
The court contended (PDF) that the city of Naples “has a substantial case on the merits that the special event is a limited public forum.” In a limited public forum, the court added, a city’s restrictions must not discriminate on the basis of viewpoint. In this case, the city’s restrictions on Naples Pride do not discriminate against the group, and the city considered the restrictions necessary due to safety concerns.
“The First Amendment does not require any city to provide its public spaces for every type of expressive conduct under every condition preferred by the speaker,” said Mat Staver, Liberty Counsel founder and chairman. The First Amendment does not protect an obscene drag performance in full view of a children’s playground. Putting indoor and age restrictions on this event, as a limited public forum, passes constitutional muster in the interest of public safety.”
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