HARC considers allowing six painted pickets after rainbow cross controversy

Key West’s Historic Architectural Review Commission moved in late February to explore a policy change that would permit up to six painted pickets, each up to 4-foot-tall, within the Old Town historic district, HARC commissioner Bryan Green proposed and the board directed staff to draft a text amendment. Green told the commission, “In an effort to allow for freedom of expression, six 4-foot-tall pickets of different colors may be permitted in the historic district,” and his remarks, including “I do not believe the world would end if we were to do this,” drew applause from the audience, Keysweekly reported.

The proposal would alter long-standing HARC guidance that wooden picket fences be painted white or left natural wood, a rule Keysnews cited as current guidance to align fences with historical standards. Green said the change would not be content-specific and “would allow six pickets painted in any solid colors,” and he referenced prior HARC exceptions allowing Bahama Village buildings brighter Caribbean colors to reflect cultural heritage.

The late February move is explicitly linked in local coverage to the state-ordered removal of rainbow crosswalks at Duval and Petronia streets, which Keysnews reported were painted black in the early morning of Tuesday, September 9, 2025. Keysnews recorded residents connecting the crosswalk action and fence responses: Calen Tomaszewski told the commission, “This conversation would never have happened if that rainbow flag didn’t get erased from Duval,” and Keysnews said a fence in Old Town has carried a message about the State of Florida’s decision.

HARC members gave informal support to Green’s formulation and asked city staff to draft a formal text amendment for consideration, Keysweekly and Keysnews reported. Keysnews noted staff are expected to prepare a recommendation and bring the amendment back to HARC at the next meeting on April 28; if HARC votes to adopt the amendment it would then be forwarded to the City of Key West planning board for approval. Citizen Portal records add that HARC previously instructed staff at a Nov. 18 meeting to draft guidance on limited fence painting after lengthy debate about “rainbow” pickets and the Certificate of Appropriateness process, while that November agenda also recorded approvals for projects at 1410 Olivia Street, 906 William, 917 Center Street, and 41202 Simonton Street.

The policy shift carries institutional and legal implications: HARC issues Certificates of Appropriateness guided by design, scale, massing, and appearance standards, and appellate precedent cited in municipal court materials shows courts have in at least one case deferred to HARC’s reasonable interpretation of its guidelines (Atlantic Shores Resort, LLC v. 507 South Street Corporation, 937 So.2d 1239 (Fla. 3d DCA 2006)). That precedent suggests any adopted text amendment or subsequent COA decisions could face legal scrutiny guided by prior appellate rulings.

Keysweekly and Keysnews report a majority of public commenters supported drafting the amendment and that HARC’s next procedural step is a staff-drafted text for HARC consideration. The city planning schedule and the staff draft will determine whether the six-picket allowance becomes a formal change to Old Town’s historic-district standards.