ORANGE COUNTY, Fla. – A judge in Orange County Monday found that probable cause existed for the arrests of three people protesting at the crosswalk outside the former Pulse nightclub Sunday night.
Florida Highway Patrol troopers arrested Zane Aparicio, 39, Mary Jane East, 25, and Melody Short, 26, Sunday, after they were observed using chalk to cover the crosswalk.
The crosswalk outside Pulse has taken on outsized significance over the last two weeks, after crews with the Florida Department of Transportation removed the rainbow paint from the crosswalk late last month. Orlando Mayor Buddy Dyer condemned the move, which city officials said came as a surprise.
[VIDEO: 3 arrested at latest protest outside of crosswalk near Pulse]
Each day since FDOT’s initial work on the crosswalk, critics of the state have returned to the site to cover it in rainbow colors with chalk, as a tribute to the 49 people killed inside Pulse.
FHP cited Florida statute 316.0775 in the arrest reports for Aparicio, East, and Short, accusing them of interfering with a traffic control device and causing damages exceeding $1,000.
Blake Simons, an attorney representing the protesters, challenged the basis of the arrests during their first appearances Monday.
“I find the statute to be overly broad and vague as to what constitutes a traffic control device,” Simons argued before the judge Monday.
Simons contended that the crosswalk is “an extension of the sidewalk,” and that the sidewalk is a forum for free expression and speech.
“They were exercising their right to free speech,” Simons said.
The judge ruled that the protesters could be released on their own recognizance, but did maintain that probable cause existed for their arrests.
The decision came two days after the same judge determined that probable cause did not exist in the arrest of Orestes Sebastian Suarez, 29, who was accused of using chalk to color the bottom of his shoe before walking across the crosswalk Friday.
Speaking to reporters after his clients’ initial appearances Monday, Simons—who also represented Suarez over the weekend—suggested that the FHP had re-assessed their options over the last couple days.
[VIDEO: New signs at Pulse, 1 arrested as Florida steps up rainbow fight]
“Here, because FHP lost the first one, they were making more allegations of actual damages to the crosswalk,” Simons claimed. “But again, I would argue that water soluble chalk that washes away while you’re being arrested doesn’t amount to over $1,000 worth of damage to this crosswalk.”
[VIDEO: Law enforcement monitoring Pulse crosswalk]
While the three protesters were processed out of the Orange County Jail Monday, their cohorts began focusing their attention on city hall.
They told News 6 that they began drawing with chalk outside city hall out of respect for the families of the Pulse victims, and because they believed this dispute has metastasized into an issue over free speech and free expression.