Fort Lauderdale City Commission Special Meeting - August 29, 2025: Response to FDOT Demand to Remove Rainbow Street Art

Mayor Dean Trantalis called the special meeting on August 29, 2025, to address a letter from the Florida Department of Transportation (FDOT) received on August 21, 2025, ordering the city to remove pavement markings at four locations by September 4, 2025, or face state removal at city expense and potential withholding of state transportation funds. The mayor stated the city had not received prior notice of noncompliance. The commission heard staff presentations, extensive public testimony, legal analysis, and voted on next steps.

Public Comments & Testimony

• Supporters of retaining the markings (over 30 speakers): Residents, civic association presidents (Middle River Terrace, Coley Hammock, Central Beach Alliance, Tarpon River, etc.), clergy (Father Richard Vitale, Rev. Aaron Lauer), LGBTQ advocacy groups (Equality Florida, Dolphin Democrats, Prism, Pride Center), elected officials (State Rep. Mitch Rosenwald), and artists (Sister Robin Merrill) spoke in favor of keeping the art. They argued that the markings are safe (citing the 2022 Bloomberg Philanthropies Asphalt Art Safety Study showing reduced crashes), represent LGBTQ+ visibility and inclusion, are an issue of local self-governance, and that the state's action is politically motivated and homophobic. Several noted that two of the four sites are not even crosswalks (the Progress Pride flag on Sebastian Street and the art on Las Olas Boulevard).
• Opponents (2 speakers): Lester Tylevsky argued the markings are deteriorated and were installed without proper state coordination. Ann Wiley stated that streets should be for transit, not for promoting special interests, and that the issue is not about being gay.

Discussion Items

• Staff Presentation: Milos Mastorovich, Director of Transportation and Mobility, presented the four locations: (1) Sebastian Street at A1A (Progress Pride flag, installed 2021/2023), (2) Breakers Avenue at Rio Mar Street (installed 2016), (3) Breakers Avenue at Terramar Street (installed 2016), and (4) Las Olas Boulevard at Almond Avenue (zigzag lines, installed 2019). All are city streets under Broward County traffic jurisdiction. The city had not received prior FDOT notice; an internal FDOT memo dated June 30, 2025 (Engineering and Operations Memorandum 25-01) was forwarded by Vice Mayor Herbst in July. The August 21 letter removed any option for a waiver, unlike the June memo.
• Legal Analysis: City Attorney Paul Bangel outlined options: comply, remove markings except the Pride flag (arguing it is not a traffic control device), challenge all locations via administrative hearing, or do nothing. He noted the statute (FS 316.0745) allows FDOT to direct removal of "purported traffic control devices" after a 14-day notice and hearing. He raised questions about whether the markings are traffic control devices and whether the 2016 Florida Green Book prohibited such art at the time of installation. He recommended pursuing an administrative appeal and potentially filing for injunctive relief and declaratory judgment.
• Commission Deliberation: Commissioners discussed the need to exhaust administrative remedies but also prepare for litigation. Commissioner Glassman emphasized the historic importance of LGBTQ visibility and feared further attacks on other public art. Commissioner Herbst supported the administrative appeal but opposed litigation, citing the city's need for state funding for other projects (e.g., a tunnel). Commissioner Sorensen, Beasley Pittman, and the mayor advocated for a robust legal response. The mayor noted the risk of state self-help actions (citing Orlando's overnight removal of a Pulse crosswalk).

Key Outcomes

• Unanimous vote (5-0) to file an administrative appeal/challenge with FDOT, requesting a hearing on the August 21 letter's demands. The city will not remove the markings while the appeal is pending.
• Vote (4-1, with Vice Mayor Herbst dissenting) to authorize the city attorney to explore all legal remedies (including injunctive relief and declaratory judgment) concurrent with the administrative appeal, and to hire outside counsel Weiss, Sorota, Helfman, Cole & Bierman, P.L. at rates of $575/hour for senior partner, $525/hour for partners, $425/hour for associates, and $175/hour for paralegals. The resolution to retain outside counsel passed 4-1 (Herbst dissenting). The commission directed staff to coordinate with other affected municipalities (Key West, Delray Beach, St. Petersburg) and to report back on legal feasibility by the next regular meeting.
• The meeting concluded with the commission affirming the city's commitment to diversity and local control.