A Key West couple is suing the city, claiming their First Amendment rights were violated after they painted their picket fence in the colors of the LGBTQ+ flag in response to the removal of rainbow crosswalks.
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Coley Sohn and her wife, Linda Bagely-Sohn, who live in the city’s historic Old Town district, say they painted the fence last September as a peaceful protest after state orders led to rainbow crosswalks being painted over.
“It was so upsetting for so many of us, and I woke up one morning and was like I’m going to paint some pickets on our front gate,” Sohn said.
The couple’s colorful display quickly gained attention online and in the community.
“We posted on Facebook as a joke, like anyone else want the rainbow fairy to come visit?” Sohn said. “And we were inundated, and my wife and I ran around that weekend painting a bunch of fences and gates, and it just took off.”
Sohn described the project as a statement of visibility and pride.
However, in December, the city’s Historic Architectural Review Commission notified the couple that the fence violated local regulations following complaints.
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The couple says they tried to comply by going through the permitting and approval process in hopes of keeping the fence as is, but were unsuccessful.
According to the lawsuit, the couple was notified in March that they could face fines of $250 per day if the fence is not repainted to an approved color.
Their attorney, Nick Warren of the ACLU of Florida, argues the city’s actions amount to unconstitutional viewpoint discrimination.
“If you walk around Old Town Key West, you’ll see lots of colorful displays and different colored paints on fences and houses,” Warren said. “Many of them violate the same rules that the city is citing — but if the city is only enforcing the law against some people because of the message they’re expressing, that’s viewpoint discrimination.”
Sohn said the couple believes they have the right to express themselves.
“We have the right, as anyone else does, to protest what they want to protest,” she said. “If the powers that be don’t agree with what we’re protesting, it doesn’t mean they can silence us.”
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The couple’s attorney said the city has three weeks to respond to the lawsuit.
City officials declined to comment, citing pending litigation.