September 4, 2025 • 7 mins
Based upon existing federal law, state law adopted under national standards in place for 54 years, and a new national directive for the standards to be enforced throughout the country – it's quite clear that communities that continue with pride and like displays on public streets and roads are in violation.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:02):
Your questions, Brian's answers. It's time for today's Q and
A of the day. This is the Brian Mud Show.
Speaker 2 (00:10):
Today's Q and A What the FDOT does and doesn't
allow on Florida's roads. This is brought to you by listening,
as is check Mark collections. Each day I feature a
listener question that is sent by one of these methods.
You may email me Brian Mudd at iHeartMedia dot com,
hit me up on social at Brian Mud Radio. May
also use the iHeartRadio talk back feature.
Speaker 1 (00:32):
Well I love it.
Speaker 2 (00:33):
If you'd love us, just go into the app make
us you have one preset, then the Brian Mudsho podcast
number two preset and while you're in there, look for
the little microphone bud. You see it, you tap it.
You may lay down the message right there. Maybe topicer
question for a future at.
Speaker 1 (00:45):
Q and I. Today's notice this, Brian.
Speaker 2 (00:49):
Maybe I'm a simpleton when it comes to prime displaydes
on roads. But what is the actual legal argument here
with cities fighting to maintain pride displays on roads? Is
it that traffic laws upon unless you want to make
a political statement on the road.
Speaker 1 (01:03):
I'm kidding. What does Florida law actually say about this stuff. Thanks.
Speaker 2 (01:08):
Okay, So yeah, it's a good question, you know, because
the battle obviously has continued this week over the Florida
Department of Transportations ordered removal of Pride themed streets in
Delray Beach, Key West Miami Beach, among others. Tomorrow said
to be a key day as an administrative hearing is
scheduled yet again in Orlando to deal with these things,
and specifically with Delray Beach. But one thing that we
(01:30):
haven't talked about is what the actual language of the
law is. So about that the state has consistently said
the street displays are in violation of state law, and
that is because the state law reads like this. The
statute begins, the Department of Transportation shall adopt a uniform
system of traffic control devices for use on the streets
(01:53):
and highways of the state. The uniform system shall, insofar
as is practicable, conform to the system adopted by the
American Association of State Highway Officials, and shall be revised
from time to time to include changes necessary to conform
to a uniform national system or to meet local and
state needs. Okay, so that's the key right there. Florida's
(02:17):
base standards for what are roads should look like and
what should be on them are the federal standards as
adopted by the American Association of State Highway Officials, and
those standards are codified under what is known as the
Manual on Uniform Traffic Controlled Devices for Streets and Highways.
(02:37):
It's a manual, by the way, that's been in place
by the Federal Highway Traffic Safety Administration since nineteen seventy one.
So in terms of precedent, since we're talking about legal
matters here, just a little bit of it, quite a
bit of established president on this one fifty four years
as a matter of fact. So, as is stated in
the overview of the Manual, Annual on Uniform Traffic Control Devices,
(03:02):
by setting minimum standards and providing guidance, ensures uniformity of
traffic control devices across the nation.
Speaker 1 (03:09):
The use of.
Speaker 2 (03:10):
Uniform messages, locations, sizes, shapes, and colors helps reduce crashes
and congestion and improves the efficiency of the surface transportation system.
Uniformity also helps reduce the costs through standardization. The information
contained in the Manual is the result of years of
practical experience, research, and experimentation processes. The effort ensures that
(03:37):
traffic control devices are visible, recognizable, understandable and necessary. Of course,
the rainbows are necessary, They're understandable anyway, I all know
about the context of traffic amaze sly, Yeah, trying to
put something out there like a you know, in this
(04:00):
particular intersection or something.
Speaker 1 (04:02):
What what do you look at me like that? Shall
I'm not going there. Hey, that's where it could get confusing, right,
it could.
Speaker 2 (04:08):
What where it could get confused is like if you're
at like one of these intersections where it's it's all
that you know, because like Duvall Street in Key Wes.
It literally means if you go across that rainbow right there,
you're on that side of Duvall, Right, that's where all
those clubs, literally every single gay club is on that
side of it.
Speaker 1 (04:27):
And these are important things said, So there's no pot
of gold. Instead, it's if I were.
Speaker 2 (04:31):
Going to argue in favor of the rainbow crosswalking Key
Wes specifically, is that I learned some time ago as
a five foot six, one hundred and forty three pounds
semi man, I do not need to be on the
south side of Duval. You know past the Rainbow crosswalks,
specifically at dark after at night.
Speaker 1 (04:53):
I should not be there. Not not a good place
for me. You're saying that you look like you'd belong there.
Speaker 2 (04:58):
I'm saying that they're a lot of men interested in
me that have a lot of size on both my
wife and me. That I learned, not that I wasn't
aware of that, but just that, you know, guys and
alcohol and opportunity not.
Speaker 1 (05:11):
A good mix on that size.
Speaker 2 (05:13):
And my wife has had to slap a lot of
guys' hands off of me, and it's just best not
to be in that situation. So if I were going
to argue in favor of it, that would be my
argument is that it actually is like, oh yeah, dalla,
shout out across here at dark if you're me. So,
I don't know that's necessarily best traffic practice.
Speaker 1 (05:32):
But so.
Speaker 2 (05:36):
As for what the directive is pertaining to public roads,
all traffic safety controlled devices, including pavement markings. And this
is important because in the parlance of you know, traffic law,
when they're talking about devices, you might think, oh, maybe
that means like, you know, traffic signals or something. Well
it does, but it actually means everything all markings on
(05:58):
the pavement, signs.
Speaker 1 (06:00):
You name it.
Speaker 2 (06:01):
Those are considered traffic control devices. So they must emphasize
safety and traffic control. Okay, that's in the law. Must
emphasize safety and traffic control. Not sure how the pride
displays are doing that. The manual then lays out specific
colors that may be used for specific road markings pink
(06:24):
in there. So no, the Pride displays are not there.
Speaker 1 (06:30):
I know.
Speaker 2 (06:30):
That comes as a surprise. So that's a clear violation
as well. And then you get into not only those violations,
but also you had in the state law. This year
this added the Department of Transportation may, upon receipt and
investigation of reported non compliance and after hearing pursuing too
(06:50):
fourteen days notice, direct removal of any purported traffic control
device that fails to meet the requirements of this section.
So that is where the FDOT comes in with the
action that they have taken. And so what's more is
that also earlier this year, the US Department of Transportation
order the removal of all road displays under a directive
(07:12):
of the Safe Roads Initiative within all fifty states. Providing
additional context of the directive, Secretary Sean Duffy said, taxpayers
expect their dollars to fund safe streets, not rainbow crosswalks.
So that's what the law says about this stuff. Based
on existing federal law and state law that's been adopted
under national standards for fifty four years, it's kind of
(07:35):
hard to see how a judge would roll any other
way on this thing.
Your questions, Brian's answers. It's time for today's Q and
A of the day. This is the Brian Mud Show.
Speaker 2 (00:10):
Today's Q and A What the FDOT does and doesn't
allow on Florida's roads. This is brought to you by listening,
as is check Mark collections. Each day I feature a
listener question that is sent by one of these methods.
You may email me Brian Mudd at iHeartMedia dot com,
hit me up on social at Brian Mud Radio. May
also use the iHeartRadio talk back feature.
Speaker 1 (00:32):
Well I love it.
Speaker 2 (00:33):
If you'd love us, just go into the app make
us you have one preset, then the Brian Mudsho podcast
number two preset and while you're in there, look for
the little microphone bud. You see it, you tap it.
You may lay down the message right there. Maybe topicer
question for a future at.
Speaker 1 (00:45):
Q and I. Today's notice this, Brian.
Speaker 2 (00:49):
Maybe I'm a simpleton when it comes to prime displaydes
on roads. But what is the actual legal argument here
with cities fighting to maintain pride displays on roads? Is
it that traffic laws upon unless you want to make
a political statement on the road.
Speaker 1 (01:03):
I'm kidding. What does Florida law actually say about this stuff. Thanks.
Speaker 2 (01:08):
Okay, So yeah, it's a good question, you know, because
the battle obviously has continued this week over the Florida
Department of Transportations ordered removal of Pride themed streets in
Delray Beach, Key West Miami Beach, among others. Tomorrow said
to be a key day as an administrative hearing is
scheduled yet again in Orlando to deal with these things,
and specifically with Delray Beach. But one thing that we
(01:30):
haven't talked about is what the actual language of the
law is. So about that the state has consistently said
the street displays are in violation of state law, and
that is because the state law reads like this. The
statute begins, the Department of Transportation shall adopt a uniform
system of traffic control devices for use on the streets
(01:53):
and highways of the state. The uniform system shall, insofar
as is practicable, conform to the system adopted by the
American Association of State Highway Officials, and shall be revised
from time to time to include changes necessary to conform
to a uniform national system or to meet local and
state needs. Okay, so that's the key right there. Florida's
(02:17):
base standards for what are roads should look like and
what should be on them are the federal standards as
adopted by the American Association of State Highway Officials, and
those standards are codified under what is known as the
Manual on Uniform Traffic Controlled Devices for Streets and Highways.
(02:37):
It's a manual, by the way, that's been in place
by the Federal Highway Traffic Safety Administration since nineteen seventy one.
So in terms of precedent, since we're talking about legal
matters here, just a little bit of it, quite a
bit of established president on this one fifty four years
as a matter of fact. So, as is stated in
the overview of the Manual, Annual on Uniform Traffic Control Devices,
(03:02):
by setting minimum standards and providing guidance, ensures uniformity of
traffic control devices across the nation.
Speaker 1 (03:09):
The use of.
Speaker 2 (03:10):
Uniform messages, locations, sizes, shapes, and colors helps reduce crashes
and congestion and improves the efficiency of the surface transportation system.
Uniformity also helps reduce the costs through standardization. The information
contained in the Manual is the result of years of
practical experience, research, and experimentation processes. The effort ensures that
(03:37):
traffic control devices are visible, recognizable, understandable and necessary. Of course,
the rainbows are necessary, They're understandable anyway, I all know
about the context of traffic amaze sly, Yeah, trying to
put something out there like a you know, in this
(04:00):
particular intersection or something.
Speaker 1 (04:02):
What what do you look at me like that? Shall
I'm not going there. Hey, that's where it could get confusing, right,
it could.
Speaker 2 (04:08):
What where it could get confused is like if you're
at like one of these intersections where it's it's all
that you know, because like Duvall Street in Key Wes.
It literally means if you go across that rainbow right there,
you're on that side of Duvall, Right, that's where all
those clubs, literally every single gay club is on that
side of it.
Speaker 1 (04:27):
And these are important things said, So there's no pot
of gold. Instead, it's if I were.
Speaker 2 (04:31):
Going to argue in favor of the rainbow crosswalking Key
Wes specifically, is that I learned some time ago as
a five foot six, one hundred and forty three pounds
semi man, I do not need to be on the
south side of Duval. You know past the Rainbow crosswalks,
specifically at dark after at night.
Speaker 1 (04:53):
I should not be there. Not not a good place
for me. You're saying that you look like you'd belong there.
Speaker 2 (04:58):
I'm saying that they're a lot of men interested in
me that have a lot of size on both my
wife and me. That I learned, not that I wasn't
aware of that, but just that, you know, guys and
alcohol and opportunity not.
Speaker 1 (05:11):
A good mix on that size.
Speaker 2 (05:13):
And my wife has had to slap a lot of
guys' hands off of me, and it's just best not
to be in that situation. So if I were going
to argue in favor of it, that would be my
argument is that it actually is like, oh yeah, dalla,
shout out across here at dark if you're me. So,
I don't know that's necessarily best traffic practice.
Speaker 1 (05:32):
But so.
Speaker 2 (05:36):
As for what the directive is pertaining to public roads,
all traffic safety controlled devices, including pavement markings. And this
is important because in the parlance of you know, traffic law,
when they're talking about devices, you might think, oh, maybe
that means like, you know, traffic signals or something. Well
it does, but it actually means everything all markings on
(05:58):
the pavement, signs.
Speaker 1 (06:00):
You name it.
Speaker 2 (06:01):
Those are considered traffic control devices. So they must emphasize
safety and traffic control. Okay, that's in the law. Must
emphasize safety and traffic control. Not sure how the pride
displays are doing that. The manual then lays out specific
colors that may be used for specific road markings pink
(06:24):
in there. So no, the Pride displays are not there.
Speaker 1 (06:30):
I know.
Speaker 2 (06:30):
That comes as a surprise. So that's a clear violation
as well. And then you get into not only those violations,
but also you had in the state law. This year
this added the Department of Transportation may, upon receipt and
investigation of reported non compliance and after hearing pursuing too
(06:50):
fourteen days notice, direct removal of any purported traffic control
device that fails to meet the requirements of this section.
So that is where the FDOT comes in with the
action that they have taken. And so what's more is
that also earlier this year, the US Department of Transportation
order the removal of all road displays under a directive
(07:12):
of the Safe Roads Initiative within all fifty states. Providing
additional context of the directive, Secretary Sean Duffy said, taxpayers
expect their dollars to fund safe streets, not rainbow crosswalks.
So that's what the law says about this stuff. Based
on existing federal law and state law that's been adopted
under national standards for fifty four years, it's kind of
(07:35):
hard to see how a judge would roll any other
way on this thing.
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