DELRAY BEACH, Fla. — Delray Beach city leaders met with the Florida Department of Transportation (FDOT) in Orlando on Tuesday during an informal administrative hearing regarding the city's next step in its fight to keep an intersection pride mural.
WATCH BELOW: 'Our obligation is to be as lawfully abiding as we possibly can,' City Manager Terrence Moore tells WPTV
WPTV's Joel Lopez was at Tuesday morning's administrative hearing, where Delray Beach city leaders were able to make the case for why they don't want to comply with the state directive. The city also asked for a more formal hearing, where they can present additional evidence, such as crash statistics, however, FDOT denied the request.
"What we saw today was a really disappointing process. Again there was a clear request for a formal hearing," said Jon Harris Maurer, public policy director of Equality Florida. "There are very specific issues of fact that need to be addressed and unfortunately, the city was not given a chance to do that today."
Originally, the city had until tomorrow to remove the markings or FDOT said it would "remove them by any appropriate method necessary without further notice."
However, the state and the city have until Friday to submit more materials to support their arguments, as both wait for a final answer on whether the state can tell Delray Beach what to do with a city-owned road.
WATCH PREVIOUS COVERAGE: Future of Delray Beach's Pride mural uncertain
Gov. Ron DeSantis also mentioned the directive that cities must remove road murals from roads and crosswalks across Florida during a press conference at the FDLE Orlando Regional Operations Center on Tuesday morning.
"Now there's Delray Beach, there's Key West, they have basically taken the position, even though the law is what it is and even though FDOT has issued guidance, that they should just be able to do whatever they want," he said. "That's not the way this system of government operates."
However, Maurer argues that the directive from the state is not about safety.
"We know that data shows in multiple studies that these sort of art installations actually improve public safety, so instead we’re seeing what is really a top down pressure from the state that is focused on censorship and spite, it is not about safety," he said. "We are actively now using tax dollars to make our committees less safe."
WATCH PREVIOUS COVERAGE: Crash data uncovers impact on Delray Beach intersection
Tuesday's hearing took place at Florida's Turnpike Enterprise. Delray Beach City Manager Terrence Moore and Public Works Director Missie Barletto were there as the city’s attorneys squared off with FDOT.
FDOT said its rulebook banning street art with social or political messages applies to state and city-operated roads.
The city said the mural was created before the new regulations took effect. The city’s attorney asked for the mural to be grandfathered in, arguing it hasn't created any safety issues, it has support from commissioners and citizens and removing it would violate home rule, which gives municipalities the ability to govern themselves.
"What message do you have for residents who have been pushing to keep the mural in Delray Beach?" Lopez asked Moore.
"Well our obligation is to be as lawfully abiding as we possibly can, while doing what we can to strike a balance with respect to home rule and being as obligatory as we can," Moore told WPTV.
WPTV's Lopez pushed for answers from FDOT but did not receive a comment.
No timeline was given for when the street art must be removed.
Read more for WPTV's coverage below:
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Delray Beach vs FDOT: The future of city's Pride mural uncertain
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MURALS vs. SAFETY: Crash data uncovers impact on this intersection
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FDOT orders city to remove Pride mural, citing it violates Florida law
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FDOT orders cities to remove 'asphalt art' or risk losing funding
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'This is our street': Delray Beach Pride mural to remain despite state pressure
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