ORANGE COUNTY, Fla. – City leaders from Delray Beach made the nearly 200-mile trip to Central Florida on Tuesday for a hearing with the Florida Department of Transportation over the agency’s request to remove a rainbow pride mural.
Our News 6 team was there for the hour-long hearing where representatives for both FDOT and the city of Delray Beach made their arguments, but no final decision was made.
The hearing comes just one day before the deadline the state gave the city to remove the mural at Northeast Second Avenue and First Street. Instead of any clear understanding on the fate of their colorful crosswalk, the city left with a new deadline — turn in any supporting documents or concluding comments by Sept. 5 while their case remains under review.
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Terrence Moore, city manager for the city of Delray Beach, said they plan to evaluate their options as they wait for a final decision.
“Once we receive the feedback per the deadline as outlined for Friday, Sept. 5, we’ll proceed from there,” Moore said after Monday’s hearing concluded. “Once that information has been provided, they will offer their direction, and the city of Delray Beach will oblige itself accordingly.”
Howard DuBosar, an attorney representing the city, pointed out the hearing granted by the state was informal, meaning there were no witnesses or evidence, and no administrative law judge presiding — just somebody from the department.
“You can either have a formal or informal hearing. We requested a formal, and that request was denied,” said DuBosar.
DuBosar said the city did not receive any notice about when a final decision would be made by the state.
The mural “opened” on June 12, 2021, five years to the day after the Pulse nightclub shooting in Orlando, where 49 people were killed.
DuBosar argued the statute FDOT quoted in their letter requesting to remove the paint gives the state control over “traffic control devices,” but not street art.
DuBosar also stated that under “Home Rule” the city has the local control needed to create an environment that reflects their community’s values.
As Monday’s administrative hearing was underway, Gov.Ron DeSantis was speaking at a different event in Orlando, where he was asked about the controversy that has surrounded colorful crosswalks across the state. The governor reiterated that crossings should be kept free of messages.
“You do not have a right to take somebody else’s property for your messaging purposes,” the governor stated. “They have basically taken the position — even though the law is what it is, even though FDOT has issued guidance — that they should just be able to be a law unto themselves and do whatever they want. And look, you know, that’s not the way this system of government operates, like we have elections, people get elected, they pass legislation. I, as governor, signed this into law. So not only do I have a right to make sure that it’s enforced, I have a duty to do it."
[RELATED: 3 arrested at latest protest outside of crosswalk near Pulse]
Representatives for FDOT declined to comment on the outcome of the administrative hearing, which was held at a facility located at the Turkey Lake toll plaza. During the hearing, they stated that the agency has a responsibility to promote safety and mobility by adhering to state standards, and that the markings in Delray Beach do not convey any “traffic-related” information.
Moore said that the city commission decided to take advantage of the legal opportunity that is available, and the city’s interest is to “achieve an environment of compliance and to strike a balance with respect to any outcomes that are being made available.”
He said they will just have to wait for Sept. 5.
In the meantime, the city learned Monday that they can keep their mural — at least for now — until a final decision is made.
The city of Key West has a similar hearing with FDOT Wednesday.