And the Band Played On
After requesting a timely special meeting and getting no support from other Commissioners or the City Manager, Kaufman wants to discuss the item and a plan moving forward at the next regular meeting.
Fresh off the heels of not a single City Commissioner or the City Manager co-sponsoring his call for a special meeting to discuss the removal of Key West’s Pride crosswalks, District II Commissioner Sam Kaufman has added an agenda item concerning the iconic pavement art at the intersection of Duval and Petronia streets to Commission’s regular Sept. 3 meeting.
The Pride crosswalks, located adjacent to the 801 Bar and Bourbon Street Pub, are scheduled to be removed by the Florida Department of Transportation at city expense if not removed by Sept. 3.
Kaufman’s resolution acknowledges that the interim City Attorney has retained outside legal counsel from South Florida attorney Howard DuBosar, and that DuBosar will attend an administrative meeting on the City’s behalf on the same day in Orlando.
DuBosar — a partner in the law firm of Weiss Serota Helfman Cole & Bierman — is also handling pending litigation on behalf of the cities of Delray Beach and Ft. Lauderdale which are facing similar dilemmas.
Kaufman’s agenda item is scheduled for the morning session of the meeting, while openly gay Commissioner and former KWPD Chief Donie Lee has a discussion item on the agenda for the evening.
Interestingly, the Agenda also contains several funding items from FDOT including for mass transit totaling more than $2 million to bolster the City’s on-demand “Key West Rides” bus service, the Lower Keys Shuttle and block grants for additional transportation services. Key West’s mass transit system has been put under major stress in the wake of Monroe County’s sudden elimination of Conch Connect service operated by Freebie.
But the bigger question is, why did nobody co-sponsor the original special meeting. The crosswalks fall squarely in Commissioner Aaron Castillo’s Bahama Village district. Not a peep.
To say there is an atmosphere of acrimony in City Hall with all of the talk of corruption, indictments and pending legal issues would be putting it lightly.
The crosswalks are also adjacent to Commissioner Monica Haskell’s Old Town District. It would be hard for me to believe that former Commissioner Jimmy Weekley, who Haskell replaced, wouldn’t speak out against this.
They all seem scared to take any sort of action, and are hanging the citizens — and visitors — out to dry.
We’ll see what the result of the administrative hearing is in Orlando — although that city has begun work to remove all of its non-compliant street art — and we’ll also get to see if FDOT tries to blackmail the city into compliance.
There are a number of issues here, not the least of which are assaults on:
Freedom of Expression: The rainbow crosswalks are a form of symbolic expression reflecting our City’s values of inclusion and diversity. Their removal would undermine rights protected under both the U.S. and Florida Constitutions.
Home Rule Authority: Under Florida’s Constitution, municipalities retain the right to self-govern in local matters. FDOT’s directive intrudes upon the City’s authority to manage its own streets, setting a dangerous precedent for home rule.
Public and Cultural Significance: The intersection of Duval and Petronia is one of the most visited and photographed sites in Key West. The rainbow
crosswalks, in place for over a decade without safety incidents, are a recognized symbol of our “One Human Family” philosophy and a draw for both residents and visitors. Their removal would cause irreparable cultural and economic harm to our community.
Compliance with FDOT Standards: The rainbow crosswalks were installed by certified contractors familiar with FDOT guidelines and in a manner consistent with the FDOT Design Manual and other governing criteria. This demonstrates that the installation was carried out responsibly, with adherence to accepted safety and design standards.
So, it is time for the City Commission to put up or shut up.
Given the proximity of the crosswalks to the popular 801 Bar and Bourbon Street Pub, it isn’t hard to imagine that FDOT would be putting their workers in harms way if they try to remove the rainbows under cover of darkness, like thieves in the night.
But, we’ll know who the six people that should be held responsible are.
And it’s not Sam Kaufman.
The Key West City Commission meets Wed., Sept. 3. The morning session begins at 9 a.m. and the evening session begins at 5 p.m.