Indiana town sued for blocking LGBTQ+ Pride festival (again)

A town in Indiana is being sued once again for blocking an LGBTQ+ Pride celebration by imposing strict regulations on public events — and ignoring organizers even after they met the requirements.

The American Civil Liberties Union of Indiana has filed both a lawsuit and a motion for contempt against the town of Loogootee over a “new” ordinance that bans special events from taking place within 240 feet of the town fountain, where the annual PrideFest is held. The town passed the resolution in December despite a near-identical policy being blocked by a court in August.

Related: Indiana State University sued for blocking LGBTQ+ Pride festival

"The City of Loogootee has passed a series of ordinances in an apparent attempt to prevent Patoka Valley AIDS Community Action Group from conducting its annual Pride Festival in the Public Square area of Loogootee’s downtown," the complaint reads. "These efforts have been unsuccessful and have instead resulted in this Court declaring two ordinances unconstitutional as violating the First Amendment, and issuing a permanent injunction against the most recent ordinance. Undaunted, Loogootee has passed a new ordinance."

After a successful first Loogootee PrideFest in 2023 with over 200 people attending, organizers asked the town for permission to host the celebration again in 2024. The town initially approved the request, only to then rescind permission when passing an ordinance that regulated special events, requiring organizers to request a permit 45 days in advance and pay additional fees.

Despite complying with the new regulations, the town ignored Patoka Valley AIDS Community Action Group's updated application to host 2024 Pridefest. The group then filed a lawsuit against the town, which relented and allowed the event.

After the 2024 festival took place without incident, the group immediately applied to host its 2025 event. The town again ignored them, passing an updated ordinance in January last year that further shortened the deadline to obtain a permit. The group took the town back to court, and the U.S. District Court for the Southern Division of Indiana issued an injunction in August blocking the ordinance.

Related: Indiana High Schoolers Perform LGBTQ-Inclusive Play Despite School’s Ban

With the ordinance permanently struck down, the town decided to pass a "new" policy in December, leading to the most recent lawsuit. Ken Falk, legal director at the ACLU of Indiana, said in a statement that not only is the town in contempt, but its repeated targeting of LGBTQ+ events is a violation of the community's First Amendment rights.

“Court orders must be complied with, and Loogootee, by enacting an ordinance that contains provisions enjoined by the Court, is in contempt of its lawful orders," Falk said. "Moreover, the ordinance it has adopted continues Loogootee’s pattern of attempting to unconstitutionally restrict this celebration of the LGBTQ+ community. We will continue to vigorously defend our client’s right to hold the event at their desired location in the heart of Loogootee."