KEY WEST, Fla. — The deadline to remove the rainbow crosswalk in Key West has been extended until the Florida Department of Transportation makes a decision, with a ruling expected as early as next week.
Final arguments from both sides are due in writing by Friday, mirroring a similar case playing out in Delray Beach.
“There’s a reason a dividing line is not pink. It is always white or it always yellow,” said Denise Johnson, deputy director of the Florida Department of Business and Professional Regulation. “That is so any traveler knows what that information means in any given situation in the state of Florida.”
FDOT argues it has authority over roads, bridges and walkways statewide, enforcing uniform standards that would include removing rainbow-painted crosswalks.
“These are city of Key West streets here,” said attorney Howard DuBosar, representing the city.
He argued the rainbow crosswalk at Duval and Petronia streets is considered street art under the city’s domain and is protected by Florida’s “home rule” law, which gives municipalities the right to govern themselves on local matters.
“The procedure was the same, the arguments were substantially similar,” DuBosar said, adding that he wanted a formal hearing with witnesses and data — including safety records from the intersection — but that request was denied.
Key West Commissioner Sam Kaufman said city records show the rainbow crosswalk has not caused any traffic problems.
“We checked with law enforcement officials, there hasn’t been a single accident reported attributed to the crosswalks in ten years, 15 years,” Kaufman said. “It just doesn’t exist as a safety hazard.”
He added that the crosswalk was installed with state oversight.
“With FDOT approved contractors, with approved colors under FDOT guidelines,” Kaufman said.
Kaufman and other commissioners say they plan to continue fighting to keep the intersection as it is.
“I think we need to stand firm on this,” Kaufman said. “It’s not just a crosswalk, it’s not just the colors, it’s the message that it sends.”
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