The Delray Beach City Commission voted 3-1 on Sept. 9 to join petitions by the cities of Miami Beach and Fort Lauderdale asking an administrative law judge to review Florida Department of Transportation (FDOT) guidance used to remove a Pride-themed streetscape, and to seek a stay of enforcement that would temporarily halt state action on the site.

The motion, made by Vice Mayor Long and seconded (second not specified in the record), passed with Commissioner Markert and Deputy Vice Mayor Burns joining Long in support and Mayor Carney voting no. The commission also directed that staff not proceed with permanent sandblasting or other removal measures on the intersection while the stay request is pending, citing safety and legal concerns.

Why it matters: The dispute began after FDOT representatives and contractors went to the intersection overnight and painted over the decorative crosswalk the city installed. Commissioners, staff and residents said the incident created a confusing and potentially unsafe condition. Supporters of the crosswalk — installed as a streetscape art project to reflect community values — called the state action an attack on local choice and LGBTQ residents.

City Manager Terrence Moore told commissioners he had been contacted by FDOT district staff shortly before the special meeting and that FDOT acknowledged the overnight work had produced a poor result. Moore said FDOT representatives indicated they could return to perform corrective work, including the possibility of hydroblasting or sandblasting, and that the city was prepared to pursue sandblasting if ordered to come into compliance. "They expressed a commitment to coming back to Delray Beach to take under consideration other applications, including the possibility of them performing sandblasting or hydroblasting," Moore said.

Legal options discussed: City legal counsel explained three paths: (1) proceed with administrative compliance (remove the paint and restore the intersection), (2) appeal the final order directing removal, a lengthier court process, or (3) join petitions filed by Miami Beach and Fort Lauderdale that allege FDOT used an unadopted memorandum (referred to in the meeting as "25-1") to exercise rulemaking authority without following Florida's rulemaking procedures. Counsel said the petition route is typically faster in the Division of Administrative Hearings and would, if granted, stay enforcement of the order while the matter is decided.

Deputy Vice Mayor Burns, who supported joining the petition, said she was "deeply saddened by the state coming in the middle of the night to remove the Pratt crosswalk not even 24 hours after we received a denial." Burns said she was "leaning heavily on the legal advice" and emphasized the commission must consider cost and risk to city funds.

Vice Mayor Long framed the issue around safety and due process. "If this is about safety, let's talk about safety. Let's talk about data," he said, citing Delray Beach police crash statistics showing accidents at the intersection fell after the original streetscape was installed. Long moved that the city join the petition and seek a stay; the motion passed.

Public comment: Dozens of residents and representatives of statewide groups urged the commission to push back. Joe Saunders of Equality Florida said, "Governor DeSantis is threatening to withhold millions in taxpayer-funded projects from cities" and called the state's action "extortion." Julie Seaver, executive director of Compass Community Center in Lake Worth, and others urged the city to defend the crosswalk as public art expressing community values.

Safety and cleanup: Public works director Missy Barletta advised commissioners that the overnight painting was done in heavy rain and the material did not properly adhere. Barletta said the intersection is composed of concrete pavers and that removing the paint would generally require sandblasting or hydroblasting; those procedures are noisy and are typically performed during the day. Commissioners discussed a short-term, safety-focused cleanup to restore the stop bars and traffic-control markings while litigation proceeds; legal counsel said a granted stay could allow the city to preserve or clean the intersection pending resolution.

Vote and immediate directions: The motion to join the petition and request a stay passed on a 3-1 vote (Markert, Long, Burns yes; Mayor Carney no). Following the vote, the commission directed staff not to proceed with sandblasting or hydroblasting on the city’s own (i.e., without a stay) while the petition and stay requests are pursued, and to present "Plan B" options at the next regular meeting for alternative ways to honor the artwork's intent without risking state funds.

What’s next: City staff will work with outside counsel to join the Fort Lauderdale/Miami Beach petition in the Division of Administrative Hearings and to ask the judge for a stay of enforcement. Commissioners scheduled further discussion of alternatives at the next regular meeting (agenda item noted by staff).

The Delray Beach vote keeps the city aligned with two large neighboring municipalities pursuing administrative review while the commission balances safety, legal recourse and concerns about potential state withholding of funds.