Pride Month Know Your Rights Alert
Courts Affirm Drag is 1st Amendment Right, Cities Cannot Unjustly Deny Permits
May 15, 2025 - Two major federal court victories in May 2025 strengthen protections for drag performers nationwide, just as Pride season begins. For many communities, Pride is the only time of year when drag artists perform publicly - making these rulings crucial tools against the escalating wave of bans and censorship targeting our art.
WHAT THIS MEANS FOR YOUR PRIDE
Your Rights Are Protected
- Cities CANNOT ban outdoor drag performances at Pride events
- Cities CANNOT impose age restrictions on family-friendly drag shows
- Cities CANNOT charge excessive security fees based on anti-drag sentiment
- Cities CANNOT use vague "security concerns" to restrict performances
Important Limitations
While these rulings are significant, remember:
- Private venues can still set their own content policies
- Content-neutral regulations that apply to all performances are permitted
- Explicit sexual content can be regulated regardless of performance type
- Government-imposed security requirements are allowed if applied equally to all events
The same legal logic that protects your right to perform might also protect anti-drag protesters' right to be present. Plan accordingly.
IF YOU FACE RESTRICTIONS
- Cite These Cases: Reference Naples Pride, Inc. v. City of Naples and the 11th Circuit Florida ruling
- Demand Written Justifications:
- Ask: "What specific policy does my event violate?"
- Request the written policy that justifies the denial
- If they cite "community standards," ask for those standards in writing
- Document Everything:
- Keep records of all communications with venues and officials
- Save performance reviews if applicable
- Maintain timeline of events
- Note if similar non-drag events have been approved
- Build Community Support:
- Don't wait until you're denied to organize
- Identify potential allies and supporters before applying
- Make connections with local LGBTQ+ organizations
- Contact National Support: Reach out to Qommittee or a LGBTQ+ legal organization
- Alert the Media: Public pressure can be effective
WHAT THE COURTS HAVE DECIDED
On May 12, a federal judge struck down Naples, Florida's attempts to force drag indoors and impose age restrictions.
Read the opinion for Naples Pride v City of Naples here.
On May 13, the 11th Circuit Court of Appeals upheld its block on Florida's statewide drag ban.
Read the opinion for HM Florida-ORL, LLC v. Governor here.
These rulings provide Pride organizers and performers with powerful legal precedent to defend against discriminatory restrictions:
1. Drag Performance = Protected Speech
- Drag performance is inherently expressive conduct protected by the First Amendment
- The context of Pride events reinforces the expressive nature of these performances
2. Cities Cannot Force Drag Shows Indoors
The courts struck down requirements that drag performances be held indoors, ruling:
- Moving performances indoors based on "security concerns" is viewpoint discrimination that violates the first amendment
- Cities cannot give in to a "heckler's veto" by restricting speech due to potential hostile reactions
- Public safety concerns "cannot overcome the First Amendment" (Naples Pride, pg. 33)
3. Age Restrictions Are Unconstitutional
Courts have invalidated sweeping age restrictions on drag:
- Age restrictions based on the "perceived impropriety" of drag are viewpoint-based restrictions that violate the first amendment
- Family-friendly drag performances without explicit content cannot be age-restricted
- State drag bans have been declared unconstitutional and cannot justify restrictions
4. Security Fees Must Be Content-Neutral
Cities cannot impose higher security fees based on the content of performances:
- Fees based on anticipated hostile reactions to drag are unconstitutional
- Only actual, content-neutral security costs can be charged
- Pride organizations cannot be forced to pay for counter-protesters' reactions
NEED HELP?
Qommittee is staffed entirely by volunteers but we can try to connect you to information and resources:
- Email: dragisjoy@qommittee.org
- DM: @qommittee on Instagram
- Web: qommittee.org
