After cities buck rainbow crosswalk ban, Florida cracks down

The Florida Department of Transportation is demanding the removal of LGBTQ+ Pride crosswalks in Key West and Delray Beach after city leaders there pushed back against a new mandate banning street art.

Why it matters: The state's response came days after Key West and Delray Beach appeared to become the first Florida cities to openly resist new state and federal guidelines targeting pavement art that transportation officials say could distract drivers.

The latest: In memos to both cities, FDOT officials demanded they paint over their rainbow-colored crosswalks by Sept. 3.

• If that doesn't happen, the state "will remove them by any appropriate method necessary without further notice," FDOT District Six secretary Daniel Iglesias wrote in the memo to Key West, which Axios obtained.
• Delray Beach received an identical memo from a separate FDOT official, the South Florida Sun Sentinel reported.
• The officials said that the state would charge the cities for any removal costs incurred and threatened to withhold state funds for "any additional violations."

What they're saying: Key West Mayor Danise "Dee Dee" Henriquez tells Axios that the city will challenge the state order and hopes to show the way for other Florida cities with LGBTQ street art.

• "I feel like we could be the example, and that's why we're fighting so hard."

Threat level: The state's response could have ripple effects across Florida, potentially influencing how cities like Miami Beach and Fort Lauderdale — neither of which have removed its rainbow-colored crosswalks — respond to the new policy.

• A Miami Beach spokesperson tells Axios the city hadn't received any memos from FDOT as of Monday afternoon.

Catch up quick: Key West commissioners voted Aug. 6 to explore any legal recourses to maintain the Pride crosswalks on Duval and Petronia streets, which the city has declared cultural landmarks.

• The Delray Beach City Commission followed suit last week, deciding to keep its Pride intersection until it receives direct orders from the state.

What's next: The state memo to Key West says the city may request an administrative proceeding and that FDOT has reserved time on Sept. 3 at the Florida Turnpike Enterprise's offices in Orlando for a hearing.

• Delray Beach's hearing would be Sept. 2, per the Sentinel. The city didn't immediately respond to a request for comment about potential responses.

Yes, but: Although Key West plans to send an attorney to the FDOT meeting, the memos to both cities say FDOT won't consider any requests for exceptions or waivers allowing the intersections to remain.

• "The Department has already reviewed the pavement markings… and determined that the pavement markings will not be allowed."

The bottom line: Henriquez says the city will "fight all the way to Sept. 3," but "if FDOT comes down here and removes them without us knowing, I don't have control."

Editor's note: This story has been corrected to note that the FDOT letter came about a week (not two weeks) after Key West defied the state mandate on street art.