ORLANDO, Fla. — The Orlando Sentinel sued the Florida Department of Transportation on Tuesday, seeking to compel the release of public records related to the state’s decision to remove a rainbow crosswalk outside the Pulse nightclub where 49 people were gunned down almost a decade ago.

The Sentinel requested a variety of documents in late August, but the agency has not produced that information. Nor has it provided substantive updates on the status of the requests, according to the paper’s lawsuit.

“There is a strong need for the public to understand why the crosswalk was removed and what regulations FDOT believed the crosswalk violated,” Sentinel lawyers Giselle Girones and Rachel E. Fugate wrote in the complaint. “Access to this information will provide critical insight into how FDOT is exercising its regulatory power to eliminate what it considers ‘political banners,’ especially considering local officials’ claims that the actions were unwarranted and conducted without prior notice.”

An FDOT spokesman did not immediately respond to a request for comment on the filing of the suit.

Florida’s public records law grants broad access to many government records and requires agencies to provide documents within a “reasonable time.” The Sentinel’s suit alleges FDOT’s processing time is “unreasonable, unjustified and amounts to an unlawful refusal to provide the records.”

“Florida has a very broad public records law, and it’s very unfortunate we had to take this step,” said Roger Simmons, Executive Editor for the Orlando Sentinel. “If we and others do not challenge the state when records requests go ignored, it becomes easier and easier for officials to deny Floridians what statutes and our state constitution promise – transparency for our government.”

FDOT unexpectedly removed the Pulse rainbow crosswalk overnight on Aug. 20. The move caught local officials by surprise, because the crosswalk had previously been approved by the state. The crossing was painted in 2017, about a year after a gunman opened fire at the gay nightclub in one of the nation’s worst mass shootings. Critics blasted FDOT’s reversal as erasing the memories of those who were killed.

In a statement, FDOT attributed the repainting to new state regulations prohibiting “non-uniform traffic control devices,” stressing the need to ensure roadways are not used for “social, political, or ideological interests.”

The Pulse crosswalk wasn’t the only street art targeted by FDOT’s crackdown, which also took issue with racing-themed crosswalks in Daytona Beach, a “Back the Blue” pro-police mural in Tampa, colorful, rainbow pavers in Miami Beach and other unique road markings across the state.

To gain insight into the state’s decision-making process, the Sentinel requested a variety of records related to the Pulse crosswalk, including meeting agendas, studies, correspondence, communications, social media content and work orders.

The first request was made Aug. 21 and has been pending now for over four months.

In October, the Sentinel’s lawyers requested an update on the status of the paper’s public records requests.

An FDOT senior attorney responded that the agency was working on the Sentinel’s request, which he described as “extensive” involving multiple units and staff. He added the request was being handled “in accordance with the requirements of the law,” and the agency was processing hundreds of pending public records requests as promptly as possible.

FDOT’s lawyer attached two documents he said were responsive, a manual of design standards and a memo that had already been made public. The bulk of the Sentinel’s request for agendas, public hearing materials, social media posts and other documents remains unfulfilled, the paper’s lawyers wrote.

In an effort to expedite the matter, the Sentinel narrowed its initial request, but it has not received updates on the status since then, according to the suit.

_____

©2025 Orlando Sentinel. Visit orlandosentinel.com. Distributed by Tribune Content Agency, LLC.