ORLANDO, Fla. — It was a tense eighth day of protests near the Pulse memorial on Friday, as Florida Highway Patrol troopers warned protesters that if they continued to chalk in the crosswalk, they could be arrested.
The Florida Department of Transportation has now repainted the crosswalk by the Pulse memorial twice to comply with statewide rules for uniform roadway markings. Sources told Channel 9 that the work cost about $5,000.
Since the crosswalk was repainted, protestors have been coloring it in using chalk. But on Friday, around 3 a.m., FDOT placed new signs at the site that say, “Defacing Roadway Prohibited” and “No Impeding Traffic.”
For much of Friday morning, troopers monitoring the crosswalk informed protestors of a new directive that would enable troopers to arrest protestors for criminal mischief under Florida Statute 806.13. The warning deterred protestors throughout the morning, but by noon, chalk was again hitting the pavement.
In total, four protestors were warned they could be arrested. “They might be arrested, but the chance of conviction is very, very slim, almost nonexistent,” said Legal Analyst Bill Sheaffer.
Sheaffer points out that Florida’s Criminal Mischief Statute says a person can be charged if a person “maliciously injures or damages property.”
“You have to have intent to damage the property. What is the damage?” questioned Sheaffer.
By 3 p.m. Friday, troopers began to cite a different statute, telling protestors they would no longer receive warnings and could now be immediately arrested under Florida Statute 316.0775. The statute states, “A person may not, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign.”
“That is a far, far stretch in this. I believe, this is the state’s weakest argument of all,” said Sheaffer, “The pavement is not a traffic control device.” Sheaffer suggested that the best argument might be one not yet officially cited by troopers.
“They could charge one with a misdemeanor failure to follow a lawful police command. I think that would be this state’s strongest argument and the strongest case that might lead to a successful prosecution,” Sheaffer said.
On Friday, Channel 9 repeatedly sought clarification from FDOT regarding the new signs, the rule change, and enforcement methods. Although we did not get responses to our questions, they issued the following statements.
FDOT states, “Vandalizing state property and/or disrupting traffic in any way is unsafe and illegal. These illegal actions will not be tolerated and will be fully enforced by law enforcement. The crosswalk at Orange Avenue and Esther Street is within the state right-of-way.”
FDOT continues by stating, “it has brought the pavement at this location and numerous others on state-maintained roadways into compliance with the law.” The rest of the statement can be seen below.
<i>As the state highway department, it is the duty of the Florida Department of Transportation (FDOT) to ensure the safety and consistency of public roadways and transportation systems. That means ensuring our roadways are not utilized for social, political, or ideological interests.</i>
<i>Earlier this year, the Department completed a months-long process of updating the Manual on Uniform Traffic Control Devices (MUTCD) with input from representatives of state and local governments. This update included a prohibition on non-uniform traffic control devices, such as pavement markings on state and local roads.</i>
<i>In June, FDOT notified all local governments of these updates and revised provisions of Florida Statutes that give the Department authority to withhold state funds for noncompliance. This was followed by similar policy updates from USDOT Secretary Duffy.</i>
<i>Last week, local governments not in compliance for local roads began receiving notifications to bring their roadways up to state standards to ensure locals govern themselves accordingly.</i>
<i>In addition to ensuring all local governments comply, FDOT completed a review of all state-maintained roadways and is now correcting pavement markings not in compliance. That includes street art previously installed on state right of way, such as the intersection of Orange Avenue in question.</i>
<i>Transportation infrastructure is for the movement of people and goods. In this case, while the crosswalk has been restored to its proper form, local efforts are underway to construct a permanent memorial on adjacent properties funded by the State of Florida. Any attempt to suggest otherwise is false.</i>
— Florida Department of Transportation (FDOT)
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