People arrested after using chalk to restore rainbow crosswalk near Pulse won’t face charges

ORLANDO, Fla. — The State Attorney’s Office has decided not to press charges against any of the six people who were taken into custody for using chalk to restore the rainbow-colored crosswalk near the Pulse nightclub, State Attorney for the 9th Judicial District Monique Worrell said Friday.

What You Need To Know

  • The State Attorney’s Office won’t press charges against the people arrested after using chalk to color the crosswalk outside Pulse
  • There was no precedent or case law for prosecutions for similar activities, State Attorney Monique Worrell said
  • The state of Florida installed the original rainbow crosswalk and the Florida Department of Transportation approved it as part of a $9 million state-funded improvement project
  • Worrell said her office could not prove actual property damage of $1,000 or more to charge those arrested with a third-degree felony for interference with an official traffic control device under the criminal mischief Florida statute
  • After the decision was announced, James Houchins, one of the six people who had been arrested, went back to the crosswalk and re-chalked it.

Her office has completed its investigation, which required two senior officers, two senior attorneys and more than 100 hours to complete because it was a very novel issue, Worrell said. There was no precedent and no one has ever been prosecuted for similar activities, so there was no case law that could guide its decision-making, she said.

Worrell said a third-degree felony charge for interference with an official traffic control device under the criminal mischief Florida statute requires proof of actual property damage of $1,000 or more. Her office couldn’t prove any damage at all because sidewalk chalk is water soluble and made to wash off outdoor surfaces, meaning it does not permanently alter, stain, or impair a surface, she said…

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