DELRAY BEACH, Fla. — The deadline for Delray Beach to remove its rainbow crosswalk has been extended beyond Wednesday while a state hearing officer weighs arguments in a dispute between the city and Florida transportation officials.
Final written arguments are due by Friday.
A decision is expected after that, though no timeline has been set. Meanwhile, other Florida cities with rainbow-themed crosswalks are facing similar hearings and deadlines this week.
Gov. Ron DeSantis has insisted local governments must follow the state’s order to remove the painted designs.
“They just decide they don’t like the law, they want to do what they want to do. That just isn’t gonna fly,” he said.
The Florida Department of Transportation says Delray Beach’s crosswalk, painted at Northeast Second Avenue and First Street, is a public safety hazard because it does not comply with the state’s traffic-control “Greenbook” standards.
“If it’s not a part of traffic control, it doesn’t belong. It’s prohibited. End of discussion,” said Denise Johnson, deputy director of the Florida Department of Business and Professional Regulation.
Delray Beach officials counter that the rainbow design is public art, not a traffic-control device, and therefore falls under the city’s authority.
The case is being handled as an informal hearing by FDOT, meaning no witnesses or traffic-safety data will be presented.
The presiding officer is also a member of the agency, not an independent administrative law judge — a process the city’s attorney has criticized.
Protests have sprung up in other cities seeking to defend rainbow crosswalks as symbols of LGBTQ+ pride and inclusion. Key West faces its own hearing Wednesday, with the same attorney representing both cities.
DeSantis, however, has signaled he expects the state’s position to stand.
“They’ve taken the position — even though the law is what it is, FDOT has issued guidance, they’re gonna do what they want. That’s not the way this system of government operates,” he said.
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