Full Breakdown
Key West Rainbow Fence Fines Prompt Federal First Amendment Lawsuit
5/9/2026, 6:57:53 AM
Federal Lawsuit Over Rainbow Fence Fines
The ACLU of Florida filed a federal complaint challenging Key West’s $250-per-day fines on a lesbian couple who painted fence pickets rainbow, alleging unconstitutional selective enforcement of the municipal code.
Statewide Removal of Rainbow Crosswalks
In 2024, Governor Ron DeSantis ordered removal of rainbow crosswalks, carried out by Transportation Secretary Sean Duffy. The Key West City Commission voted 4-2 to comply, prompting stricter fence code enforcement.
Key Figures & Groups
Coley Sohn and Linda Bagley-Sohn painted 12 fence pickets rainbow. ACLU attorneys Nicholas Warren and Samantha Past represent them. City officials enforce the ordinance; neighbor Penny Walker-Pourciau filed the complaint.
Timeline of Enforcement and Lawsuit
The couple sought a permit in December 2023; the city ruled the fence a code violation in February 2024. After a citation, they repainted it white on March 26. Federal suit filed in April; by May 50 residents had added rainbow fences.
Data & Statistics
Fines are $250 per day per violation. The Bagley-Sohn household painted 12 pickets; 50 homeowners have added rainbow colors. The city’s 4-2 vote approved compliance with the state’s crosswalk removal order.
Why It Matters
Case tests whether municipalities can enforce aesthetic rules that target speech tied to a protected viewpoint. A ruling for the ACLU could curb enforcement and safeguard LGBTQ+ expression from censorship.
Official Statements & Responses
City officials say fence breached an ordinance requiring approved colors, justifying fines as enforcement. ACLU attorneys argue city’s focus on rainbow patterns, while ignoring similarly colored doors, amounts to viewpoint-based discrimination.
Criticism & Opposition
Neighbor Penny Walker-Pourciau, who posted anti-LGBTQ messages online, lodged code complaint that led to citation. Lawsuit notes homes with non-approved colors remain unpenalized, suggesting a political motive.
Conflicting Reports & Gaps
The city cites a code violation, yet complaint highlights the lack of comparable enforcement against other colorful features, leaving no data on how often the ordinance applies to non-rainbow displays.
Verbatim Quotes
- “The government cannot enforce a law against people who express particular messages or views, while ignoring violations with different content or messages,” — Nicholas Warren, ACLU of Florida attorney.
- “To protest the city’s removal of the rainbow crosswalks, we painted some of our fence pickets in rainbow colors, showing that our community still stands for inclusion,” — Coley Sohn, filmmaker.
- “The forced removal of rainbow crosswalks and Pride-related street art across the state reveals the threat Florida leaders have unleashed on free expression.” — Samantha Past, ACLU of Florida attorney.
- “The Bagley-Sohn family have bravely and creatively protested the state’s attempt to erase LGBTQ+ identities and exercised their First Amendment rights on behalf of their community and the constitutional freedoms that protect us all.” — Samantha Past, ACLU of Florida attorney.
What’s Next
The suit is slated for briefing in federal court later this year. A decision could require the city to modify its code-enforcement policy, potentially influencing similar disputes over LGBTQ+ symbols statewide.
