Coley Sohn and Linda Bagley-Sohn’s Key West Fence – Photo: Federal Courts via PACER
A lesbian couple in Key West has sued the city in federal court, alleging officials violated their First Amendment rights by fining them for painting their fence in rainbow Pride colors.
Nicole “Coley” Sohn and Linda Bagley-Sohn repainted a series of fence pickets in rainbow colors after Key West removed its rainbow crosswalks at the direction of Florida Gov. Ron DeSantis — part of a broader Trump administration push to eliminate LGBTQ-themed public art.
After Sohn and Bagley-Sohn repainted their fence, nearly 50 other Key West residents followed suit.
“We posted on Facebook as a joke, like anyone else want the rainbow fairy to come visit?” Sohn told Miami-based NBC affiliate WTVJ. “And we were inundated. My wife and I ran around that weekend painting a bunch of fences and gates, and it just took off.”
Sohn and Bagley-Sohn applied in December for a permit to paint the fence pickets in rainbow colors, but the city ruled in February that the display violated historic appearance guidelines because the colors were not approved under city code.
Soon, the lesbian couple — along with others who followed their lead — faced fines of $250 per day unless they agreed to paint over the rainbow pickets with white paint. On March 26, Sohn and Bagley-Sohn painted the fence posts white to avoid further penalties, as did many other residents.
Believing their First Amendment rights had been violated, the couple enlisted the help of the American Civil Liberties Union of Florida and sued the city in U.S. District Court for the Southern District of Florida.
In the lawsuit, they argue the city engaged in viewpoint discrimination by “selectively and arbitrarily” enforcing Historic District regulations against them because officials objected to the message conveyed by the rainbow fence pickets.
The couple’s attorney, Nick Warren, of the ACLU of Florida, told WTVJ the city’s actions amount to political censorship because other homes in the area feature shutters and doors with colors or designs that also violate city code.
“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 and Bagley-Sohn also allege the city’s decision to fine them stemmed from a complaint by Penny Walker-Pourciau, who accused them of violating Historic Architectural Review Commission guidelines.
The couple claim Walker-Pourciau and her husband, Jules Pourciau, have posted anti-gay messages on social media, arguing the complaint was motivated by anti-LGBTQ animus and political hostility.
Sohn said she and her wife have the right to express themselves.
“We have the right, as anyone else does, to protest what they want to protest,” she told WTVJ. “If the powers that be don’t agree with what we’re protesting, it doesn’t mean they can silence us.”
A lawsuit has been filed challenging a proposed referendum that would bar transgender athletes from competing on public school teams based on the sex listed on their original birth certificate.
The measure, slated to appear on the ballot this fall, would also require public schools to maintain sex-segregated bathrooms, locker rooms, and changing spaces based on students' birth sex, and allow students who believe they were denied athletic opportunities by a transgender competitor to sue for damages.
But three Maine residents filed suit, claiming supporters of the referendum failed to gather enough valid signatures from registered voters to qualify the measure for the ballot. In their complaint, they say they identified hundreds of duplicate signatures and hundreds more lacking required date information. They also allege that some signatures came from unregistered voters or omitted required residence information.
The Minneapolis City Council is expected to consider directing staff to study a package of four proposed ordinances that would reverse the city’s decades-old ban on businesses facilitating "high-risk sexual conduct" -- enacted during the AIDS crisis of the 1980s -- and establish a regulatory framework for such venues.
One ordinance would add a new chapter to city code allowing adult sex venues and establishing licensing and business regulations for establishments where consenting adults can engage in sexual activity.
Another ordinance would amend the city’s zoning code to update definitions and standards for sexually oriented uses, eliminating "stigmatizing" language and reflecting advances in HIV prevention -- the original impetus for the 1988 bathhouse ban. A third ordinance would amend the city’s health and sanitation code, specifically provisions related to contagious diseases and so-called "high-risk sexual conduct."
Philz Coffee is facing backlash after directing its shops to remove Pride flags and related decor from in-store displays.
A petition launched on Change.org by individuals claiming to be Philz baristas alleges the coffee chain ordered Pride flags removed from nearly 60 stores across California and Illinois, saying the directive has "left many team members and customers feeling confounded and unsupported."
"The pride flags within the stores hold deep meaning and value to both staff and visitors, symbolizing that these locations are safe and welcoming spaces for all individuals, regardless of sexual orientation or gender identity," the petition states. "Removing these flags risks alienating a core group of team members and loyal customers who see Philz not just as a coffee shop, but as a place where they are embraced and celebrated for who they are."
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.