Florida Couple Sues Over Rainbow Fence Fine
A lesbian couple in Florida has taken legal action against Key West officials, claiming that a daily fine of $250 for their rainbow-painted fence infringes on their constitutional rights.
Nicole Thorne and her spouse, Linda Bageley Thorne, found themselves facing the steep fines imposed by the city’s Historic and Architectural Review Board due to their LGBTQ-themed fence.
Thorne expressed her frustration, stating, “If the city is only enforcing laws against certain individuals based on the messages they convey, that constitutes viewpoint discrimination.”
The couple painted the fence as a statement against state officials’ decision to stop painting crosswalks in rainbow colors, which they viewed as an attempt to politicize public spaces. They reside in a historic area of the city.
The idea to paint their fence came to them one morning as a spontaneous form of protest. Thorne recalled, “It upset many of us. One morning, we decided, ‘Let’s paint a picket on the front gate.'” They even jokingly posted on social media asking if anyone wanted the “Rainbow Fairy” to come help. To their surprise, their friends rallied, and soon they were working over the weekend to paint numerous fences and gates across their property.
However, after receiving several complaints, the commission informed them that their rainbow fence wasn’t compliant with local regulations. The couple attempted to secure a permit for the fence but were denied.
In March, they received an order to either repaint the fence with an approved color or continue to face daily fines.
Nick Warren, an attorney affiliated with the ACLU of Florida, joined the couple’s defense, arguing that the city’s actions violate their constitutional rights. He noted that many colorful fences and displays exist throughout Old Town Key West, many of which contravene the same rules cited by the city against them. “If these rules are selectively enforced,” he said, “that’s viewpoint discrimination.”
The city’s officials have been silent about the lawsuit, which requires a response within three weeks. The couple, meanwhile, continues to advocate for their right to express themselves through their colorful display.
