(Orlando, FL) - After the state removed rainbow paint from crosswalks citing safety concerns, six people were arrested for re-applying chalk to the Pulse memorial crosswalk.
Orange-Osceola State Attorney Monique Worrell says the chalk evidence did not rise to a felony so she has declined to prosecute and closed the cases.
But FDOT alleged the chalk art cost more than a thousand dollars to clean up the crosswalk, satisfying the criminal mischief statute.
Worrell says no permanent damage because a heavy downpour erased the chalk; therefore, the case is closed.
"Actual property damage is essential in proving this case and chalk art does not rise to felony vandalism. That doesn't mean she's opening the door to more defacing of public property.
"It doesn't mean it's open season on chalk art; this decision only applies to these cases." said State Attorney Worrell.
She added the six defendants will have a felony arrest on their permanent record. And her decision today does not undo that harm.
Also, and just because the cases are closed does not mean the arrests were lawful. She also questioned the state's decision to erase the painted crosswalk without due process.
State officials cited a federal ban on "political" pavement markings.