11/26/2025
Orlando, FL — November 25, 2025 — On November 23, 2025, the Florida Highway Patrol (FHP) made two additional arrests under highly questionable circumstances, targeting individuals who were exercising their First Amendment right to free speech. The arrests were made under allegations of violating Florida Statute $316.0775$, based on the use of chalk on a crosswalk.
FHP officers accused the two individuals of "aggressively and purposefully grinding chalk onto the crosswalk." FHP further cited the Florida Department of Transportation (FDOT), alleging the cost to "restore" the "traffic control device" to its normal state is a minimum of $1,004.00, with previous instances reportedly costing taxpayers over $1,500.00 for a simple wash-down.
Felony Charges Denied by the Court
Attorney Blake Simons, of The Simons Law Firm, PLLC, presented a challenge to these arrests for the alleged third-degree felony offense that resulted in a swift ruling by the presiding Judge. The Judge found no probable cause to support the initial felony charge. Instead, probable cause only supported a charge for a second-degree misdemeanor of Criminal Mischief with damages LESS THAN $200.
Our Position Remains: We maintain that no damage was done. The traffic control device itself was not defaced, and the chalking occurred on the asphalt street surface. To criminalize drawing with chalk on a street sets a dangerous precedent, potentially making criminals of any child or individual chalking in front of their home.
The State attempted to argue that the chalk was not water-soluble to justify the felony arrest. However, this argument was immediately contradicted and negated by FDOT's own stated costs for a "wash-down" of the area. Furthermore, these claimed taxpayer costs could be eliminated entirely by simply allowing Florida’s near-daily rains to wash the chalk away naturally.
Misuse of Taxpayer Resources and Alleged Targeting
This pattern of arrests appears to be a deliberate effort by FHP and FDOT to fabricate felonies and harass members of the LGBTQ+ community.
The constant regulation and supervision of this crosswalk for nearly the past 100 days represent a gross waste of taxpayer money and emergency resources.
FHP is an emergency service charged with protecting the safety of Florida citizens. It is not an organization meant to instill fear or suppress the constitutional rights of people through targeted arrests. We urge FHP to prioritize its critical public safety duties—attending to traffic accidents and responding to emergency calls—over the petty and political supervision of chalk.
We will not be silenced. We will not go away. We will fight for our rights.
