Judge dismisses Charges Against Man Arrested for Chalk Art Near Pulse Nightclub
ORLANDO, FL – A Florida judge has dismissed charges against Scott Michael Suarez, who was arrested last month for using chalk to recreate a rainbow sidewalk near the Pulse nightclub in Orlando. The dismissal comes as a legal challenge mounts against the florida Department of Transportation’s (FDOT) recent policy prohibiting “non-standard surface markings,” which critics say is being used to erase LGBTQ+ memorials and expression.the case gained national attention after FDOT, under the direction of Governor Ron DeSantis, painted over the original rainbow sidewalk – a community-created memorial to the victims of the 2016 Pulse shooting – and afterward arrested Suarez when he and others responded by coloring it back in with chalk. the judge’s decision marks a meaningful moment in the ongoing dispute over public expression and memorialization in Florida, and sets a precedent for future challenges to the FDOT’s new regulations.
suarez was arrested on August 22nd after repeatedly recreating the rainbow design with chalk, despite FDOT workers painting over it in black and white and posting signs stating “DEFACING ROADWAY PROHIBITED.” FDOT’s new guidance, issued months prior, broadly bans alterations to state roads not explicitly approved by the department.
“Anything previously permitted or installed you can bring up from [the] past is irrelevant now,” FDOT Secretary Jared Perdue stated earlier this week, explaining the department’s intent to remove all non-compliant markings. DeSantis himself defended the removal of the rainbow display, posting on X (formerly Twitter) on August 21st, ”We will not allow our state roads to be commandeered for political purposes.”
Suarez’s attorney, Blake Simons, argued that the use of water-soluble chalk did not constitute defacement of property. “They’re not injuring or damaging property using water-soluble chalk,” Simons told reporters, adding, “Suarez was the first person to take a fall in this political fight against the LGBTQ community, which I am an active part of.”
The dismissal of charges against Suarez does not resolve the broader legal questions surrounding FDOT’s policy. Protests and chalk recreations of the rainbow sidewalk continue,and further legal challenges to the regulations are anticipated as the community seeks to preserve its memorial to the victims of the Pulse nightclub shooting.
