Fort Lauderdale is the latest city to challenge the state’s edict to scrub painted crosswalks. Commissioners on Wednesday night voted to fight for the city's street art, including an LGBTQ pride-themed rainbow crossing.
The decision comes after numerous municipalities throughout the state were asked to comply with updated Florida Department of Transportation (FDOT) regulations that ban pavement art.
State transportation officials have said these displays are distracting and impact safety. But they also singled out displays of "political ideology," with art supporting the LGBTQ community already being dug up and covered up on streets in cities including Gainesville and Orlando.
In a letter sent last week, the FDOT told the city that it would have to remove painted displays from four locations, or else the state would remove the displays and charge Fort Lauderdale for any costs associated with the removal.
FDOT also threatened to withhold funding from the city if they refused to comply by the Sept 4 deadline.
The sites listed by FDOT were:
- Sebastian St. East of S.R. A1A/Seabreeze Blvd.
- Breakers Ave. and Riomar St.
- Breakers Ave. and Terramar St.
- E. Las Olas Blvd. and Almond Ave.
None of the locations mentioned by FDOT are state-owned roads.
Fort Lauderdale convened a special commission meeting to discuss the letter on Wednesday night. Nearly 50 residents spoke out in favor of the city taking action to protect the painted displays.
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Most were concerned about the pride progress flag that was painted on Sebastian St. — home to the city’s unofficial gay beach.
“ It's a beacon of belonging, a visible promise that Fort Lauderdale stands for inclusion and diversity. Calling it a distraction erases its true purpose: safety, visibility and pride,” said resident Alfredo Olvera.
The city argued that the painted crosswalks did not negatively impact safety. City officials shared data that the rate of crashes have gone down since the intersections on Breakers Ave. were painted. Sebastian St. is a dead end road that leads to parking spaces.
The city voted to file an administrative appeal, and to concurrently allow the city’s lawyers to explore legal avenues. The city also voted to hire the law firm Weiss Serota Helfman Cole and Bierman, who are engaged with Delray Beach and Key West in their challenges to the state’s request.
The administrative appeal is not likely to change the state’s position. In the letter sent to the city, FDOT acknowledged the city's right to a hearing for their administrative challenge, but noted that at the hearing they would not reconsider if the pavement art was allowed.
“ I feel it's a sham. I feel it's a kangaroo court... we'll go through that motion, but we're not gonna really get anywhere,” said Commissioner Steve Glassman.
Of the three motions, only the filing of the administrative appeal passed unanimously. Vice Mayor John Herbst was the lone dissenting voice on any legal action. He said the state could retaliate, specifically mentioning the long-running project for a train crossing for the city's New River.
“ We're asking the state right now for hundreds of millions of dollars in support of the tunnel that you [Mayor Dean Trantalis] favor…. For the City of Fort Lauderdale, I don't think initiating litigation against them at the same time is likely to lead to an outcome that will result in the funding that we're seeking,” he said.
Lawyers for the city will begin exploring legal avenues to keep the crosswalks painted. They were instructed to return to the next city commission meeting on Sept. 3 with recommendations; however, the commission granted the city attorney the ability to take action should time become a factor.
