Key West Rainbow Crosswalk Dispute: FDOT Hearing and Home Rule Arguments

Key West Crosswalk Hearing Outcome

• ⚖️ Today's hearing before the Florida Department of Transportation (FDOT) regarding the removal of rainbow crosswalks in Key West had the exact same outcome as Delray Beach's hearing.
• 📌 This was an informal hearing, meaning no witnesses or evidence were presented, and a final decision has not yet been made.
• 🗓️ Final arguments are due in writing by Friday, with a decision expected by early next week.
• ⏳ The enforcement of removing the Key West crosswalk is delayed until a decision is made.

Arguments and Legal Stance

• 🤝 The same players were involved as in yesterday's hearing, including the attorney representing Key West, who also represented Delray Beach, and the presiding officer, Jennifer Marshall, chief engineer of production at FDOT.
• 🏛️ Key West's attorney emphasized home rule, a provision in Florida's constitution since 1968 that allows municipalities to govern themselves on local matters.
• 🎨 The attorney argued that the rainbow crosswalks are street art on a city street, falling under local jurisdiction.
• 🛣️ Conversely, FDOT maintains its authority to enforce rules and make changes on all roadways in Florida, including city roads, to ensure standards and regulate traffic.

Safety Claims and Potential Impact

• 🚫 Key West's attorney attempted to have the hearing formalized to present evidence contradicting FDOT's claims that the rainbow colorings are confusing for travelers and a safety hazard.
• 📉 The attorney stated that removing the crosswalk, a symbol of Key West's uniqueness, would be devastating to the city, which relies on its distinctiveness to attract visitors and spending.