DELRAY BEACH, Fla. — The Delray Beach City Commission voted 4-1 on Thursday to end its fight against the Florida Department of Transportation’s ban on street art that resulted in this week’s overnight removal of the city’s Pride intersection.
The decision is a reversal from the commission’s 3-1 vote on Tuesday to join Fort Lauderdale in challenging Florida’s authority to remove the mural and to seek a hearing in front of an impartial judge.
PREVIOUS COVERAGE: Future of Delray Beach's Pride mural uncertain
Mayor Tom Carney called any petition or legal challenge a “reckless disregard of taxpayer money” now that FDOT has painted over the colorful crosswalk.
Vice Mayor Rob Long was the only commission member to vote against withdrawing from submitting a petition. Long said he believes the city should demand a formal hearing from the Florida Division of Administrative Hearings to stop FDOT from enforcing a memo as law.
“We all agree this was a pretty awful thing to happen to our city,” said Long. “We go to battle all the time for home rule issues… this is our chance to lead.”
FDOT issued an order on June 30 directing municipalities to remove street art that could be viewed as social, political, or ideological in nature. The directive stated a lack of compliance could result in a withholding of state funds.
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Since then, Delray Beach retained a legal team and traveled to Orlando on Sept. 2 for an FDOT hearing to make the case that the Pride crosswalk at the intersection of Northeast First Street and Northeast Second Avenue is on a city-owned road. FDOT denied Delray Beach’s request for a formal hearing in front of administrative law judge.
Commissioner Juli Casale expressed concern on Thursday about the cost of legal fees in fighting the June 30 directive. The city attorney estimated the minimum cost of moving forward with a formal administrative hearing at $25,000-$30,000.
“We can recognize [the LGBTQ+ community], but we don’t have to risk $60 million in funding,” said Casale.
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The city attorney said if Fort Lauderdale, Miami Beach, or any other municipality is successful in its fight against the FDOT directive, then the rules will apply to all cities across the state.
The commission is expected to discuss other options for showing support to the LGBTQ+ community at a meeting on Monday.
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