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Marilyn Kellner's avatar

The latest in regard to our rainbow crosswalk in Key West…

From Sam Kaufman

FYI. I am disappointed that our City could not hold a special city commission meeting to be prepared for September 3rd. So, at this point, I have sent the request below.

Subject: Agenda Item Request – Authorization for Legal Action Regarding Rainbow Crosswalks

To: Kendal Harden <kendal.harden@cityofkeywest-fl.gov>

Cc: Keri O'Brien <kobrien@cityofkeywest-fl.gov>

Dear Mrs. Harden,

I am writing to request placement of an agenda item on the September 3, 2025 City Commission meeting. The purpose of this item is to authorize the City’s Legal Department to be fully prepared with all reasonable and appropriate legal means—including appellate remedies and affirmative legal actions such as seeking injunctive and declaratory relief—to protect and preserve the rainbow crosswalks at the Duval and Petronia intersection. This direction is consistent with the Resolution previously approved by the City Commission on this matter.

As you know, the Florida Department of Transportation (FDOT) has scheduled an administrative hearing for September 3, 2025 in Orlando and has stated its intent to remove the rainbow crosswalks on that same day. If the outcome of the hearing is unfavorable to the City, immediate legal action may be necessary to prevent FDOT from acting before the courts have an opportunity to make a determination. For that reason, it is essential that our legal counsel has the clear authority of the Commission in advance.

This request is based on both the urgent timeline and the substantive legal and community interests at stake:

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.

In addition to preparing the agenda item, I would also appreciate your confirmation on several important matters related to the administrative hearing and potential litigation:

Has the City retained outside counsel to assist with the September 3 administrative hearing and any subsequent legal actions that may be required?

Has the City identified a witness who can testify credibly and knowledgeably regarding the facts of the installation of the rainbow crosswalks, including the qualifications of the contractors and compliance with FDOT standards? Such testimony could be critical to supporting the City’s position.

Is the Administrative Hearing open to the public?

It is also worth noting that other cities in Florida, including Delray Beach, Miami Beach, Fort Lauderdale, and Orlando, are facing similar challenges and considering legal action on this issue. It would be productive for our counsel to confer with counsel for these other cities as well.

For these reasons, I believe it is critical that the Commission formally authorize the Legal Department to act in advance of September 3, 2025. Please prepare the appropriate agenda language to ensure the Commission can provide that authority at our next meeting.

Thank you for your attention to this important and time-sensitive matter.

Sincerely,

Sam Kaufman

City Commissioner

City of Key West

Roland Lenox's avatar

They’ll have to. Tallahassee is blackmailing everyone

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