DELRAY BEACH, Fla. — WPTV will be in Orlando Tuesday at an informal administrative hearing, tracking the city of Delray Beach's next step in its fight to keep an intersection pride mural.
WATCH BELOW: 'It’s trespass, destruction of property,' Vice Mayor Rob Long says
For months we've been monitoring the city pushing back against a directive from the Florida Department of Transportation (FDOT) to remove road murals and other street arts from roads and crosswalks statewide.
Delray Beach's pride mural is located at the intersection of NE 1st St and NE 2nd Ave.
It's a space painted to celebrate and promote inclusiveness after the tragedy at the Pulse nightclub in Orlando where 49 people lost their lives from a mass shooter.
Multiple people in Delray Beach have spoken to WPTV both in favor of the mural and in opposition.
The directive from FDOT June 30 insists that cities must remove road murals from roads and crosswalks and other street art in effort to eliminate political, social, or ideological murals off of roadways across Florida.
Delray Beach city administration had originally agreed to comply, but later the city's Vice Mayor Rob Long expressed concern and rallied fellow city commissioners to defend their symbol of inclusivity.
WATCH BELOW: 'Roads are for safety, not political messages or artwork,' U.S. Department of Transportation says
This got back to FDOT which on August 15 city leaders were notified if they don't comply, the state will remove the mural themselves and charge the city for it.
“For a state agency to announce they will destroy something — we lawfully installed — without our consent isn’t just government overreach, it’s trespass, destruction of property in an unlawful usurpation of the authority we as elected government were elected to exercise," Long responded.
The FDOT has set a deadline of this Wednesday for Delray Beach to remove the Pride crosswalk.
City leaders have asserted that the mural in Delray Beach is owned by the city, and as such, they have hired legal counsel to make their case in Orlando.
Gov. Ron DeSantis called out the city of Delray Beach last week saying:
“What it does is it says state roads, no, and it also says local governments have to follow the state standard. The way this kind of came up, was you have Key West saying, ‘we don’t care’ and Delray Beach saying we are going to do all this stuff and then our department ‘no’ that’s not what the law says. You can’t do it.”
This directive from FDOT warned cities that they could potentially loss of state funding if they refused to comply.
The justification? The state contends that such street art does not align with their safety standards, claiming that painted streets can be distracting to drivers and create safety issues.
A WPTV investigation revealed there have been only two crashes at the intersection since the crosswalk was painted four years ago.
In contrast, there were 15 incidents at the same location in the four years beforehand.
Depending on how the hearing goes, questions linger regarding if the state will grant Delray Beach an extension to comply with the removal directive—or if FDOT plans to move forward with painting over the mural.
A city spokesperson with Delray Beach said in a statement that read in part:
"All administrative remedies will be exhausted after Tuesday’s hearing. If the City does not prevail, the City Commission will determine if the City will proceed to the next step, which is litigation."
Tuesday's hearing is indicative of a larger struggle for local governance and community identity as cities like Fort Lauderdale, Miami, and Key West also rallying to protect their vibrant artistic expressions.
Read more of WPTV's coverage below:
Delray Beach
MURALS vs. SAFETY: Crash data uncovers impact on this intersection
LGBTQ+
FDOT orders cities to remove 'asphalt art' or risk losing funding
LGBTQ+
'This is our street': Delray Beach Pride mural to remain despite state pressure
LGBTQ+
Rainbow crosswalk removed outside Pulse nightclub
Delray Beach
