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Delray Beach prepares for legal battle over city's pride mural

Delray Beach faces an administrative hearing on Sept. 2 in Orlando, which will determine if FDOT has the legal right to enforce the removal of murals on city-owned roads
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DELRAY BEACH, Fla. — In an increasingly polarized climate regarding LGBTQ+ representation, Delray Beach is taking a bold stance against state directives, pledging to protect its Pride mural despite pressure from the state.

WATCH BELOW: 'Where are we going to get the money,' Commissioner Juli Casal says, underlining the fiscal pressures facing the city

City prepares for battle over city's pride mural

Tensions have risen since the Florida Department of Transportation (FDOT) issued an order for the removal of the mural painted at a city owned intersection, a decision that local leaders are resolutely contesting.

The stakes are high as Delray Beach faces an administrative hearing on Sept. 2 in Orlando, which will determine if FDOT has the legal right to enforce the removal of murals on city-owned roads.

"Because it means so much to so many, we should at least go through the process," Mayor Tom Carney said, expressing his support for the mural.

This sentiment resonates strongly within the city commission, where applause erupted in response to the commissioner's defense of the mural. The mood is one of determination, as Delray Beach braces itself for a legal showdown with Tallahassee.

"We didn't go looking for this, we didn't go picking a fight with Tallahassee, we’re down here minding our own business, our intersection has been federally compliant for years and it still is by the way," Vice Mayor Rob Long chimed in.

WATCH BELOW: Delray Beach City Commission votes to keep pride mural for now

Delray Beach City Commission votes to keep pride mural for now

Their resolve not to back down symbolizes a broader commitment to inclusivity and community values.

On August 15, FDOT sent a letter of noncompliance to the city of Delray Beach calling them to remove the mural or the state will do it themselves and risk the losing out on state funds.

Long called the move by FDOT intimidation, and government overreach.

“For a state agency to announce they will destroy something we lawfully installed without our consent isn’t just government overreach, it’s trespass and destruction of property,” Long said.

Tensions have flared among residents as an overwhelming amount were in support at the city commission meeting Tuesday evening, but also those with the uncertainty of potential repercussions.

"We already in budget restraints in the city of Delray Beach, so why do we want to risk more budget restraints?" one concerned individual said.

The financial ramifications of this legal battle are significant, if the city takes actions beyond what they are legally allowed.

Commissioner Juli Casal acknowledged the risks associated with city funding, noting that the city stands to lose over $60 million if it doesn’t comply with the state's demands.

WATCH BELOW: Delray Beach vice mayor 'frustrated, but not surprised' at FDOT letter

Vice mayor 'frustrated but not surprised' over state's letter to remove Delray Beach mural

"Where are we going to get the money, that's the bottom line question?" she stated, underlining the fiscal pressures facing the city.

In a possible compromise, Casal suggested the idea of relocating the mural to ensure that Delray Beach does not forfeit any vital funding.

"We are an inclusive city. That doesn't change if we move the pride crosswalk," she explained, encapsulating the delicate balance the city must strike, between community support and fiscal responsibility.

Digging deeper into the situation, the appeal is within the city's legal rights. However, this option hangs in a precarious balance.

"Listen, we know we could sit here and say, 'Well, if we poked the bear, are they going to take the money?' I would say to you, 'That's a really good chance,'" Casal ominously pointed out.

Even if the hearing goes Delray Beach's way, there remains the potential for Gov. Ron DeSantis to intervene. He could veto the decision, ultimately forcing the city to remove the mural regardless of the hearing’s outcome.

As the city prepares for the upcoming administrative hearing, the implications of this battle are far-reaching—not just for Delray Beach, but for similar communities across the state.

The city of Key West is also challenging the state over a rainbow crosswalk on the island, and the city of Miami is fighting to keep its crosswalk mural located on Ocean Drive.

Read more of WPTV's coverage below:

Delray Beach Pride Mural

LGBTQ+

Delray Beach City Commission votes to keep pride mural for now

Ange Toussaint
Delray Beach Pride intersection

Delray Beach

FDOT orders city to remove Pride mural, citing it violates Florida law

Aja Dorsainvil
this is our street thumbnail graphic Vice Mayor Rob Long.png

LGBTQ+

'This is our street': Delray Beach Pride mural to remain despite state pressure

Joel Lopez
Delray Beach Pride intersection

LGBTQ+

Will this city's Pride mural be removed?

Joel Lopez