KEY WEST, Fla. — A Key West couple has filed a federal lawsuit against the City of Key West alleging officials selectively enforced historic district regulations after residents painted rainbow-colored fence pickets in protest of the city’s removal of the Duval Street rainbow crosswalks.
The lawsuit, filed Thursday in U.S. District Court for the Southern District of Florida, names the City of Key West as defendant and alleges violations of the plaintiffs’ First Amendment rights.
Contract City Attoney Mayanne Downes was served on the steps of 1300 White St. as she entered a city commission meeting.
The plaintiffs, Coley Sohn and Linda Bagley-Sohn, are represented by the ACLU of Florida , Reid Levin PLLC and The Smith Law Firm.
Installed in 2015, the rainbow crosswalks became one of Key West’s most visible symbols of support for the island’s LGBTQ+ community and broader culture of inclusion.
But the crosswalks became caught in a widening statewide political battle last year after the administration of Gov. Ron DeSantis warned local governments they could face financial penalties if they retained unauthorized roadway markings and Pride-related street art.
Following the removal of the Duval Street crosswalks, the Bagley-Sohns painted 12 pickets on the fence outside their Old Town home in rainbow colors as a form of protest and solidarity.
According to the lawsuit, the display quickly inspired similar demonstrations throughout Key West.
“The city wanted us to go away, and it was very selective,” Sohn said in an interview surrounding the filing. “But it is not going away. The fact that the rainbow pickets were singled out — it is pure discrimination.”
Sohn further argued the city improperly targeted residents based on the message behind the displays.
“Just because the higher-ups’ views don’t align doesn’t give them the right to squash our right to protest,” Sohn said.
The complaint states more than 50 rainbow picket fence displays appeared throughout Old Town following the crosswalks’ removal, with additional displays surfacing in other neighborhoods across the city.
However, the lawsuit alleges some residents objected to the displays and complained to city officials, triggering enforcement actions under historic district regulations requiring fences in portions of Old Town to remain white.
According to the complaint, the city ordered the Bagley-Sohns to repaint their fence white or face financial penalties despite what plaintiffs describe as an unanswered application seeking approval for the rainbow display.
Facing possible fines, the family eventually removed the rainbow pickets and repainted the fence white.
The lawsuit alleges most, if not all, of the other homeowners who participated in the protest similarly painted over their displays after receiving citations or warnings from the city.
“To protest the city’s removal of the rainbow crosswalks, we painted some of our fence pickets in rainbow colors, showing that our community still stands for inclusion,” Sohn said in a statement released Thursday by the ACLU. “No one should lose their right to speak out simply because those in power disagree with the message.”
The lawsuit argues the city selectively enforced those regulations against rainbow-colored displays while allegedly ignoring other noncompliant fences and exterior structures throughout the historic district.
According to the complaint, numerous homes and exterior features in Old Town allegedly violate the same guidelines cited against the rainbow pickets but have not faced similar enforcement action.
“The government cannot enforce a law against people who express particular messages or views, while ignoring violations with different content or messages,” said ACLU of Florida attorney Nicholas Warren. “That’s selective enforcement, and it’s illegal. We’ll see the city in court.”
ACLU attorney Samantha Past described the case as part of a broader statewide fight over free expression and LGBTQ+ visibility.
“The forced removal of rainbow crosswalks and Pride-related street art across the state reveals the threat Florida leaders have unleashed on free expression,” Past said. “Allowing anti-LGBTQ+ rhetoric to escalate into censorship is an act of state overreach that should concern everyone.”
In a scene that underscored the increasingly public nature of the dispute, contract City Attorney Mayanne Downs was served with the federal lawsuit Thursday on the steps of Key West City Hall.
The legal fight marks the latest chapter in Key West’s ongoing clash over LGBTQ+ symbolism, public art and state preemption battles.
Last year, Key West became one of several Florida cities forced to remove rainbow-colored street markings after the state signaled possible financial consequences for municipalities maintaining nonstandard roadway paint schemes.
The removal of the Duval Street crosswalks sparked backlash from many residents and business owners who viewed the installation as both a symbol of inclusion and a reflection of Key West’s longstanding identity as one of Florida’s most LGBTQ+-friendly communities.
The city had not publicly responded to the lawsuit as of Thursday afternoon.
After being served to Mayanne Downs… court records show the case, Sohn v. City of Key West, was filed Thursday in federal court in Miami.
