Delray Beach’s rainbow street art will remain in place for now, despite the state’s threats to imminently paint it over.
An informal hearing in Orlando Tuesday was the first time that the future of crosswalk art on roadways was argued with Florida officials since the controversial removal of the city’s Pulse rainbow crosswalk last month.
Attorneys for both the Florida Department of Transportation and Delray Beach were told to file their preferred final orders by the end of the week, with a decision to come at some point after.
FDOT originally told Delray that the rainbow at the intersection of Northeast 1st Street and Northeast 2nd Avenue needed to be removed by Wednesday, or the agency would take matters into its own hands and bill the city.
The threat was similar to others received by cities across Florida last month, including Orlando.
At the hearing, an attorney representing FDOT contended that all art on pavement is illegal under the agency’s new guidelines.
“The department regulates and only allows traffic control devices on streets and roads … if it’s not a part of traffic control, it doesn’t belong,” said Denise Johnson, who argued on behalf of the state. “Anything on the pavement is a traffic control device.”
Howard Dubosar, a lawyer representing Delray, noted the mural was installed to commemorate the victims of the 2016 Pulse shooting in Orlando and that community members prompted the city to fight to keep it. Its installation was funded by a nonprofit, he said, and it didn’t create safety problems.
“It’s very clear from that photograph, we’re not talking about a traffic control device. We’re talking about street art, something that is seen all over the world,” he said. “The mural doesn’t interfere in anyway with the traffic control device.”
Ultimately, the decision will be made by Jennifer Marshall, the chief engineer at FDOT.
Delray Beach officials and Florida Department of Transportation officials meet at FDOT Florida’s Turnpike Enterprise HQ in Orlando on Tuesday, Sept. 2, 2025, as Delray Beach seeks an exception to prevent the removal of the city’s decorative intersections and crosswalks. (Rich Pope, Orlando Sentinel)
Speaking in Orlando, Gov. Ron DeSantis accused Delray Beach and Key West of defying the law, noting many other cities complied with the new policy.
“They just decide they don’t like the law,” he said. “They want to do what they want to do. That just isn’t going to fly. … Eventually FDOT will be able to correct it.”
In Orlando, crews have been working to paint over artistic murals throughout downtown, including mosaics, orange slices, swans and Lake Eola’s historic fountain.
City data shows that the artwork contributed to safer walking conditions by making crosswalks more visible to drivers.
Last month, the FDOT received intense public blowback when it painted over the rainbow crosswalk on Orange Avenue at Esther Street next to Pulse. The tribute to the victims of the shooting at the LGBTQ nightclub had been in place since 2017, with just four accidents investigated at that crosswalk since.
Orlando Mayor Buddy Dyer signed a letter last week asking for FDOT to reconsider its position and issue an exception for the tribute.
Delray Beach City Manager Terrence Moore said the city will keep its options open as it continues to fight.
“Once they complete the process in the coming days, we’ll evaluate our options and offer direction accordingly,” he said.
Skyler Swisher of the Sentinel staff contributed.
