Days after the city of Miami Beach filed a similar case, Fort Lauderdale has challenged the legality of directives by the Florida Department of Transportation to remove art and markings on streets.
Fort Lauderdale filed its challenge Monday at the state Division of Administrative Hearings, arguing that the department did not go through a legally required rule-making process. Such directives went to local governments across the state and have drawn heavy attention, in part, because they required removing LGBTQ-themed rainbow crosswalks.
The department issued a memorandum on June 30 about removing markings and followed with letters Aug. 21 and Aug. 29 to Fort Lauderdale alleging violations at 11 locations, according to documents included in Monday’s filing.
The challenge contends that the memorandum and letters constituted rules under state law and that the department needed to go through a formal process to adopt them. Rulemaking processes, for example, likely would include steps such as opening the issues for public comment.
“Memorandum 25-01 (the June 30 memorandum) goes beyond mere interpretive guidance of applicable regulations and statutes,” Fort Lauderdale’s attorneys wrote. “Rather, it decrees specific design features non-compliant, directs their removal and mandates enforcement by district offices. It further authorizes the department to withhold state funds or directly remove installations if local governments fail to comply. In so doing, the memorandum imposes obligations and levies penalties not otherwise found in statute or rule, thereby altering the legal rights and responsibilities known to local governments.”
The challenge also said municipalities throughout the state received letters similar to the Fort Lauderdale letters.
“These letters relied on Memorandum 25-01 as their operative basis, directed immediate removal of supposedly non-compliant pavement markings and imposed binding deadlines for compliance,” the challenge said. “By their uniform content, structure, and statewide distribution, these letters were not isolated enforcement notices but rather the department’s chosen vehicle for implementing Memorandum 25-01 as a matter of general policy.”
Miami Beach filed its challenge Thursday at the Division of Administrative Hearings. Both cases seek to have an administrative law judge halt enforcement of the directives.
In the June 30 memorandum, the department cited legal authority under state manuals that include minimum standards for such things as design and maintenance of roads. It also said removal of markings and street art was needed for safety reasons.
“Non-standard surface markings, signage and signals that do not directly contribute to traffic safety or control can lead to distractions or misunderstandings, jeopardizing both driver and pedestrian safety,” the memorandum said. “Furthermore, uniform and consistent application of pavement surface markings is critical for the overall effectiveness of automated vehicle operation, as automated vehicle technologies rely heavily on consistent traffic control devices.”
Fort Lauderdale and Miami Beach said they also have filed separate petitions at the Department of Transportation. The Fort Lauderdale challenge said the department had set aside time Sept. 15 for an “informal” hearing and that the city will argue for a formal hearing.
–Jim Saunders, News Service of Florida
Kat says
What is next, will LBGTQ people have to start wearing a pink triangle? The whole government cries, poor, poor poor – we have to stop waste fraud and abuse! I don’t see this as a good use of taxpayer dollars, just more of the new government’s ideology shoved down our throats. Wouldn’t it be nice if we could take all the money for this, and the rebranding/renaming of governmental offices, and all the money spent on “White House beautification“ and JD Vance‘s vacations and use that money to take care of veterans and hungry children?
Laurel says
I dare FDOT to pull that on Wilton Manors!
Okay, start pulling up bricks, pavers, reflectors, and artwork embedded in the roads. Leave the giant, digital billboards with ads, though. Don’t forget the Alligator Alcatraz sign.
Who are they fooling?
A friend of mine places artwork in sidewalks and street poles in Ft Lauderdale, Dania and Pompano. It’s interesting and fun.
Laurel says
How about the annual street art festival in Lake Worth Beach? Massive, fantastic street drawings, done right on a main road, for blocks. Some looking like 3D, and there until it rains.
The current administration get migraines at the thought of nonconformity.
Skibum says
This is such a ridiculous, bigoted, anti-gay boondoggle, wrapped up with very illusory mumbo jumbo about “traffic safety”. BS! The state FDOT not only authorized, but implemented many of the rainbow crosswalks we have across the state now, and it has been shown that the highly visible colors actually IMPROVE traffic and pedestrian safety, not hamper it! But being transparent, honest, and forthcoming to state taxpayers has NEVER been the trademark of the despicable, mini maga DeSantis administration.
In addition to the governor’s lie about what this new effort is all about, he doesn’t want state taxpayers to know how much of our $$$ he is wasting by planting state troopers at the intersection next to the Pulse nightclub for “crosswalk patrol” so they can arrest protesters who go out onto that crosswalk with chalk and color in the rainbow after DOT washes it away again… in an insane, idiotic, and ultimately hilariously failed attempt by the state to somehow erase all indications of LGBT citizens’ existence from books, from public schools and state colleges, from libraries, etc.
What a moron the despicable gov is. What a jackass. What a bigoted, prejudiced, mini-maga mush brain, hoping to somehow be so unhinged like his “daddy” that he will continue to ingratiate himself enough, will kneel down and prostrate himself low enough onto the dirt so he can lick drumph’s dirty shoes and hopefully win an appointment to a position in drumph’s administration come next year when his current term is over, thankfully, due to term limits here in FL.
It won’t be too soon for me to yell “Good riddance, don’t let the state’s door hit you in the ass on your way out!”
Sherry says
She said sarcastically. . . YES! YES! YES! Let’s get rid of any and all art that does not “Glorify” the Maga Lord and Master “trump”! Art is a crucial part of an “evolved” culture. . . therefore it ALL must go! BOOKS that are not part of the fascist plan. . . GONE! Enlightening plays and music in the Kennedy (soon to be trump) Center. . . GONE! Non “fascism compliant” street art. . . GONE! Hey, we’re shutting down any disrespectful “science” also! Soon, the world will be great again! Sieg Heil! Masters trump/desantis!