ORLANDO, Fla. — Leaders in the City of Orlando say they’re still considering all options after the Florida Department of Transportation repainted a rainbow crosswalk near the Pulse memorial.
The city previously issued a statement calling FDOT’s action “callous,” an attempt to “erase the memory of the victims of the Pulse tragedy,” and a “political act.”
Legal experts say it’s possible that strong condemnation may be the city’s only real response.
A letter from FDOT says at least 18 locations in Orlando need to be fixed to comply with state laws for road markings.
Those locations include:
- S. Rosalind Ave at E. Jackson St – (Crosswalk)
- Church St at S. Rosalind Ave – (Crosswalk)
- Magnolia Ave at E. Concord St – (Crosswalk)
- Orange Ave at Concord St – (Crosswalk)
- N. Orange Ave at E. Central Blvd – (Paver intersection)
- S. Orange Ave at E. Pine St – (Paver intersection)
- S. Orange Ave at Church St – (Paver intersection)
- Summerlin Ave at Washington St – (Crosswalk)
- Amelia St at N. Hughey Ave – (Crosswalk)
- Amelia St at Ronald Blocker Ave – (Crosswalk)
- Amelia St at Chatham Ave – (Crosswalk)
- Amelia St at Putnam Ave – (Crosswalk)
- Livingston St at N. Hughey Ave – (Crosswalk)
- Central Blvd at N. Eola Dr – (Crosswalk)
- W. Kaley Ave at S. Division Ave – (Crosswalk)
- Corrine Dr at East End Ave – (Crosswalk)
- Laureate Blvd at Benavente Ave – (Bike Symbol)
- Laureate Blvd at Kellog Ave – (Bike Symbol)
According to the letter, the City could request a hearing if they disagree, but legal analyst Bill Sheaffer notes FDOT has already stated the hearing wouldn’t be to request an exception to state rules.
“I really think that the city has been checkmated on this,” said Sheaffer.
According to FDOT, the city could request both a formal and informal administrative hearing.
A formal hearing would be to dispute facts stated in FDOT’s notice and would mean the city could call witnesses and admit documents into evidence, while an informal hearing would give the city a chance to present an argument and written statement for consideration by FDOT.
As for a lawsuit, Sheaffer told Channel 9 the city’s case would be weak since state law clearly gives FDOT the authority to regulate roadways.
“There’s no administrative judge that’s going to say, okay, the department doesn’t have authority, I’m going to rule that they can’t withhold funds, that they cannot enforce it. It’s not going to happen,” said Sheaffer.
According to FDOT’s memo, the city has until September 4th to remove the 18 noncompliant markings before FDOT paints them over and then sends the bill to the city.
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