DELRAY BEACH, Fla. — Controversy is looming over a hearing between the city of Delray Beach and the Florida Department of Transportation (FDOT) as the person adjudicating the hearing was an FDOT employee.
WATCH BELOW: 'It's going to depend on the facts, it's going to depend on the law,' Rand Hoch tells WPTV
This was the next step in the city's bold move to protect it's pride mural on an intersection that is owned by the city.
The informal administrative hearing was located in Orlando on Tuesday where Delray Beach city attorneys motioned to adjourn the informal hearing with FDOT and go through a formal hearing process, but it was denied by FDOT.
The hearing was over a controversial new state directive that bans street art statewide.
On Tuesday Delray Beach City Manager Terrence Moore told WPTV:
"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."
Calls for a formal hearing
The call for a formal hearing is growing louder.
Passionate community groups are urging for an unbiased platform to discuss the future of their vibrant mural, before a neutral party.
"What we don’t want is just a kangaroo court where cities are forced to show up with decisions already made," warns Jon Harris Maurer from Equality Florida.
Maurer, who was present at the Orlando meeting where some have expressed concern about the integrity of an FDOT employee running the session.
“If we are having the state offer these hearings, they should be a legitimate opportunity to be heard and consider the issues on the record," he added. "We know that data shows in multiple studies that these sorts 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."
WATCH BELOW: Extension granted in Delray Beach's fight to save its Pride intersection
Despite the city’s attempts to secure a formal hearing in front of a neutral administrative law judge, FDOT denied the motion.
“I think everyone here would be surprised if anything but an adverse ruling came from that event,” said Rand Hoch with the Palm Beach County Human Rights Council.
Hoch is calling on Delray Beach city officials to file a direct request for a formal administrative hearing to the Florida Department of Administrative Hearings where they can present evidence and witnesses.
He highlighted that a genuine hearing would evaluate the facts and law—elements he argues currently favor the city.
The legal landscape
To gain more insight into the process, WPTV consulted legal expert Julie Meadows-Keefe, who has been a lawyer in Florida since 1993.
She provided a perspective on the financial implications this could have on taxpayers of pursuing a formal hearing.
“If the city won at the hearing level, the state DOT would appeal that to a court and keep appealing until it won. Ultimately, the cost of that is going to be too much,” Meadows-Keefe explained.
However, Hoch disagrees.
"If the city ultimately prevails, they might be able to recover attorney's fees and costs from the state," he said.
In Meadows-Keefe's assessment, while FDOT is within its rights to have agency officials adjudicate the hearing, there are inherent conflicts.
WATCH BELOW: Delray Beach Pride mural to remain despite state pressure
“They are supposed to be objective in their decision; however, they are also tasked and employed by the Florida Department of Transportation, which makes the rules,” said Meadows-Keefe.
Delray Beach officials is waiting to determine how it will proceed post-hearing, potentially even entering a litigation phase.
The countdown continues
As the deadline looms, the city and FDOT must finalize their materials to support their respective arguments.
FDOT is expected to make a significant decision some time after the submissions.
Read more of WPTV's related coverage below:
Delray Beach
MURALS vs. SAFETY: Crash data uncovers impact on this intersection
LGBTQ+
Extension granted in Delray Beach's fight to save its Pride intersection
LGBTQ+
