Naples council unanimously authorizes appeal of preliminary injunction in drag-event lawsuit

The Naples City Council on May 16 unanimously authorized the city attorney’s office to work with the city manager and the mayor to assemble legal representation to appeal a federal court’s preliminary injunction related to a planned public drag performance at Cambier Park.

The Council’s action, made as a motion by Council Member Bill Kramer and seconded by Council Member Raymond Christmann, “authorize[s] the city attorney's office to work with the city manager and the mayor to assemble the appropriate legal representation to appeal the preliminary injunction,” and explicitly authorized the mayor to execute retainer agreements for firms that “may include the Alliance Defending Freedom or Becket or a private firm,” according to the motion. The clerk recorded the vote as unanimous.

The move follows an executive session called under Florida Statute Section 286.011(8) at which the council considered the case identified in court filings as Naples Pride v. City of Naples (case no. 2025-CV-00291-JES-KCD), United States District Court, Middle District of Florida, Fort Myers Division. City Attorney Matthew McConnell announced the session and said the court-reporter transcript for the executive session will be filed with the city clerk. A public notice of the executive session was posted May 15, 2025, and the city said the closed session would last approximately one to two hours.

Why it matters: the council’s authorization starts a formal appellate process that will ask a higher court to review a federal judge’s order that lifted the city’s restrictions on an outdoor performance connected to Naples Pride. The appeal may affect whether the event proceeds under the same conditions the judge allowed and could set precedent for future public-event permitting disputes involving speech and community standards.

Public comment reflected sharply divided views. Dozens of residents spoke after the executive session, with roughly two minutes allotted per speaker. Supporters of the council’s appeal argued the city should protect children in public parks and enforce state law; opponents said the federal ruling protects free expression and that the city should not restrict public speech.

“My name is Kate Cicchella, 40‑year resident,” said Kate Cicchella in public comment, praising the council’s decision and saying, “All we’re asking is leave the kids alone. Leave the kids out of it and keep Naples the way it’s always been.”

Shavonte Dominique, district aide to State Representative Yvette Benaroche, read a statement the representative asked her to deliver: “As a mother and the elected state representative for this district, I'm heartbroken and outraged that an adult theme drag performance is being allowed to take place in a public park where children and families gather,” Dominique said.

Speakers who opposed the appeal or supported the federal ruling urged the city to respect First Amendment protections. “It should never have taken a federal judge to remind this council that the amendment exists,” said Lauren Candido, who said the court ruling affirmed that “drag is art, that pride is protected speech, and that joy is not a threat to society or safety.”

Several commenters cited state and federal laws during remarks. City staff and counsel identified Florida Statute Section 286.011(8) as the authority for holding an executive session. Members of the public referenced federal case law and state statutes — including a 2023 Florida law described by a speaker as the “Florida Protection of Children’s Act (cited as Florida statute 87.11)” — while another speaker cited Title II of the Americans with Disabilities Act in urging protection for disabled children. The article reports these citations as they were raised in public comment; the council’s formal action referenced the federal case and the preliminary injunction as the basis for the appeal.

What the council decided: the council’s recorded action instructs the city attorney’s office to assemble outside counsel as needed to seek appellate relief from the federal preliminary injunction and grants the mayor authority to execute retainer agreements. The clerk recorded the motion maker as Council Member Bill Kramer, the seconder as Council Member Raymond Christmann, and the vote as unanimous with Mayor Theresa Heitman, Vice Mayor Terry Hutchison and council members Kramer, Christmann, Beth Petronoff, Linda Peneman and Barton voting in favor.

The council did not vote on any ordinance, budget item or permit at the May 16 special meeting; instead it voted only to authorize litigation steps stemming from the federal case. The appeal’s timing, choice of outside counsel, scope and any related expenses were not finalized at the meeting and will proceed under the direction authorized by the council.

The city manager and city attorney said they will proceed to assemble representation. The outcome of any appeal will depend on filings in the U.S. District Court and any subsequent appellate proceedings.

A return appearance by the council or further legal filings was not scheduled at the meeting; next steps will be determined by city leadership and legal counsel.