ORLANDO, Fla. – The defense attorney representing two people who were arrested for covering the crosswalk outside Pulse in chalk says his clients have yet to learn whether they will face formal charges.
“Where do we stand in this case?” News 6’s Mike Valente asked Joshua Sinclair.
Sinclair responded, “Right now, the case is kind of in limbo.”
Sinclair represents James Houchins and Maryjane East, who were both arrested on charges of criminal mischief. East, arrested in August, and Houchins, arrested in November, were each accused by Florida Highway Patrol of interfering with a traffic control device.
“They’re going under, I think, a theory that you’re kind of defacing or altering the crosswalk,“ Sinclair said. ”And using water-soluble chalk--especially if you’re just chalking inside the white lines--you’re not really affecting the function of the crosswalk. It’s not really altering or defacing it.”
State Attorney Monique Worrell’s office has not yet filed any formal charges, putting Houchins and East in a precarious position, according to Sinclair.
“It definitely can affect your ability to find work and get a job,” Sinclair said, describing his clients’ current circumstances.
Sinclair shared with News 6 correspondence he has had with Worrell’s office over the last few months. In the emails, he expressed his confusion over the waiting period.
News 6 reached out to Worrell to ask whether charges will be filed and if her office considers covering the crosswalk in chalk to be a criminal act.
The response, in full, is below:
“These cases remain under active review. As reflected in our communications with counsel, this is not a routine intake matter. It is a multi-agency case that has required coordination with entities we do not typically engage with, along with a careful review of extensive evidence, including non-law-enforcement video and media footage.
Importantly, this review requires us to assess more than the allegations alone. It also requires us to examine the actions of the investigating agencies involved, particularly where this matter originated through state-level enforcement activity rather than through a charging decision made by this office. That reality makes a thorough and deliberate review essential.
While Florida’s speedy trial framework has changed, we recognize the serious impact prolonged uncertainty can have on the individuals involved, and we are working earnestly to bring this matter to resolution. At the same time, our duty is to make sure that any decision is based on a complete, fair, and ethical review of all available evidence and the conduct of all relevant actors in the process.
For that reason, no final charging decision has been made at this time. We remain committed to meticulously reviewing whether charges are appropriate, what charges, if any, should be filed, or whether charges should not be filed at all. Because that review is ongoing, it would be inappropriate to comment on a prospective filing decision or to make a blanket legal determination about specific conduct in the abstract.
While we understand the public’s interest in these matters, our responsibility is to ensure that any final determination reflects the facts, the law, and our ethical obligations. There will be no shortcuts in reaching a just outcome.
Rest assured, we will provide an update once a final determination has been made."
Sinclair is also wondering if law enforcement agencies are still treating the act for which his clients were arrested as a crime.
Both Houchins and East have since resumed covering the crosswalk in chalk, but have faced no repercussions from law enforcement.
Orlando Police told News 6 Tuesday evening that the agency did not have a comment to provide on the topic.
As of Wednesday evening, FHP had not responded to News 6’s repeated inquiries on the matter.
News 6 also reached out to the Florida Department of Transportation, which removed the rainbow colors from the crosswalk last year--a decision that served as the catalyst for protesters’ chalking of the crosswalk.
FDOT did not respond to News 6’s repeated inquiries as of Wednesday evening.