Gov. Ron DeSantis is defending the recent arrests of several protesters in front of the former Pulse nightclub Tuesday morning during a stop at the Florida Department of Law Enforcement headquarters in Orlando.
"You don't have a First Amendment right to commandeer someone else's property. You have a First Amendment right to paint your own property and knock yourself out, if that's what you want to do," DeSantis said. "But when you have a state crosswalk or a state road, the law in the state of Florida is now that there are no markings or they are not going to be used for those purposes."
In the past two weeks, the crosswalk on West Esther Street at South Orange Avenue has been the subject of a fight between the state and Central Florida residents after FDOT painted over a rainbow-colored crosswalk. It was a tribute to the 49 lives taken by a shooter there in 2016.
As a result of the erasure, there's been a back-and-forth dance between protesters chalking the crosswalk in rainbow colors and FDOT workers washing it away, repeated several times.
A change in the FDOT policy prohibits pavement art. Lawmakers recently gave the department enforcement authority for its rules on "traffic control devices."
On Friday, a man was arrested for "defacing a traffic device" – in this case, chalking the crosswalk – but a judge released him, saying there was no probable cause. On Sunday, three more people were arrested. They were released Monday, and there are no pending charges; however, probable cause was found in all three cases.
Now, it's up to Orange and Osceola counties' state attorney, Monique Worrell, whether or not to press further charges.
"These arrests are seemingly political. My decision is not a political one," Worrell said at a Tuesday afternoon press conference. "We'll review each case with fairness, transparency and respect for both the law and the members of our community. But it's very important to understand that our commitment to ensure justice is administered by integrity, guided by the facts of each individual case, and mindful of the trust this community places in this office."
In 2023, DeSantis removed Worrell from office, stating that she was neglectful in her duties. Then, last year, Worrell was reelected to the position.
As a result of their history, DeSantis said during his Tuesday conference that he doesn't have much hope that Worrell will act.
"I am under no illusions about the state attorney from Osceola and Orange county," he said. "I mean, I think it's likely going to be political decisions. I get that. I understand that. But the reality is our role, from FDOT's perspective, is to make sure the roads remain clean, make sure that the roads remain clear of this."
While DeSantis opposes the crosswalk chalkers, he did express his desire to see a Pulse memorial built.
"I'm certainly supportive of an actual, fitting memorial for people who were murdered that day in one of the most horrific mass killings in American history," he said. "I've approved a lot of money for that over the years, but that's not for some crosswalk."
DeSantis addressed the crosswalk comments during a press conference at the FDLE building, but that wasn't the reason why he stopped in Orlando. The press conference was to address the success of law enforcement's efforts in the fentanyl crisis.
The governor announced he's recommending more funding in next year's budget for the State Assistance for Fentanyl Eradication (SAFE) program, which has helped remove fentanyl drugs from the streets and targeted individuals connected to cartels.
"I want to applaud everyone who's been involved in that. We've got to keep the momentum going. We can't just sit here and say that these are great successes and then just move on to other things," he said.
DeSantis also said, in the two years since the SAFE program started, there have been 2,100 arrests and 485 pounds of fentanyl seized, including over 63,000 pills.
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