Four Key West officials voted to surrender the city’s rainbow crosswalks rather than join a legal battle to preserve them once state officials decide the fate of Key West’s rainbow crosswalks on Friday, Sept. 5.
When the city commission met Wednesday evening, Commissioners Sam Kaufman and Monica Haskell voted to hire a lawyer to pursue a legal injunction that would bar the state from removing the crosswalks if the ruling on Friday is in favor of the state. But after hearing from more than a dozen residents urging the commissioners to protect the pride crosswalks, and one who opposed spending taxpayer money on the crosswalk debate, Kaufman and Haskell were the only ones willing to continue the fight.
Following the public input period, Commissioner Kaufman asked, “What happens when the state says our Conch Republic flag has to come down? Are we going to stand for that? Sometimes we have to be aggressive. Not reckless, but we have to take a stand. I’m speaking with elected officials in Fort Lauderdale, and they’re like, ‘Please, Key West, join us.’”
Miami Beach, Delray and Fort Lauderdale are all opposing the state’s ban on painted crosswalks, Kaufman said.
“I know my colleagues have fear about this, but I want us to be smart about this. We need to take advantage of the timing now and be prepared, because FDOT is making its ruling on Friday and do we think crews won’t be here by Saturday to remove the crosswalks? If we don’t approve this tonight, and authorize our outside legal counsel to file a legal injunction to stop the crosswalks’ removal, then consider them gone. Let’s please not bend to the scare tactics.”
Commissioner Haskell added, “I’m not a lawyer, but if I was, I’d say the action of FDOT and the state are arbitrary and capricious.”
She pointed to a project in Tallahassee, where FDOT championed painted crosswalks as part of a nonprofit Crosswalks to Classrooms initiative. “The program even received an award from FDOT,” Haskell said.
But Kaufman’s motion to pursue a legal injunction to prevent the removal of the crosswalks failed with the 4 to 2 vote, the same breakdown as in the most recent high-profile decisions facing the commission that packed city hall. Commissioners Donie Lee, Lissette Carey, Aaron Castillo and Mayor Dee Dee Henriquez opposed Kaufman’s motion on Wednesday. Commissioner Mary Lou Hoover was absent due to illness.
Carey said her vote in opposition was not cast out of fear of the state, but rather in support of the state and federal government.
“Each time we’re faced with decisions to stand against our state and federal governments, I represent a constituency that doesn’t agree with doing that,” Carey said. “And if this city does take a stand in opposition to the state, then I’d like to look into painted crosswalks in support of veterans and Christians. I think people would ask for crosswalks to support many different groups.”
Carey’s comments received a smattering of supportive applause from some opponents of the rainbow walks, while others in the audience snickered.
Once the commission shot down Kaufman’s proposal, Commissioner Donie Lee, a longtime former Key West police chief, who is gay, then proposed, “If the city is found not compliant on Friday, then I move we direct staff to take no further action against FDOT and instead work with the Key West Business Guild to permanently and publicly designate the ‘gayborhood.’ We may be erased from the street, but not from the public.”
In a by-then predictable vote, Kaufman and Haskell opposed and the other four voted in support.
“So he’s saying we won’t even appeal FDOT’s decision on Friday if it doesn’t go our way,” Kaufman summarized.
So now, the city awaits Friday’s ruling by FDOT, while many residents wonder whether Key West’s identity is changing colors.
