Why do the feds care about Lexington’s rainbow crosswalks? A city official asked them

It was a question from a local government official that prompted the federal government to ask Lexington Mayor Jim Gray to remove rainbow-themed crosswalks from an intersection in downtown Lexington, a spokesman for the Federal Highway Administration said Thursday.

The multicolored crosswalks at the intersection of North Limestone and Short Street were installed in June just before an annual Pride Festival to promote diversity.

Doug Hecox, a spokesman for the federal agency, said Thursday that a Nov. 13 letter from the agency’s Kentucky division administrator to Gray was “in response to a question by the Lexington-Fayette Urban County Government.”

After receiving the inquiry, “the Federal Highway Administration sent a letter to explain that using decorative rainbows or other artistic embellishments on crosswalks does not conform to the Manual on Uniform Traffic Control Devices and presents a possible hazard to drivers or others who may not recognize its role as a safe zone for pedestrians.”

Susan Straub, a spokeswoman for the city, said Thursday that Thomas L. Nelson, Jr., administrator for the Kentucky division of the FHA, told the city he received “a verbal inquiry, not a letter.”

“He said they did not record a name,” Straub said. “It happened in July or August. We didn’t make the call, and we don’t know who did.”

Gray has not yet said how he plans to respond to Nelson’s request.

Lexington Vice Mayor Steve Kay said Thursday the Urban County Council as a whole did not vote to send the request to federal transportation officials.

“To the best of my knowledge, there was no vote,” Kay said, but added an individual council member could have made the request.

Kay said the rainbow crosswalks were discussed at a council meeting this summer, when some council members had questions about how the design was selected. Kay said there were also concerns raised about whether other groups would also ask for crosswalks to be painted certain colors.

Lexington Councilwoman Amanda Bledsoe was among those who asked questions about the rainbow crosswalks, but Bledsoe said Thursday she did not call federal authorities. Bledsoe said her questions were about procedure and process, not about the legality of the crosswalks.

Councilwoman Jennifer Scutchfield also voiced concerns about the process that led to the rainbow-themed crosswalks, but she said Thursday she had not questioned their legality and did not call federal transportation officials.

Hecox said roadway fatalities increased in Kentucky and nationwide in 2016, in part because of an “alarming increase” in pedestrian fatalities.

No pedestrians have been injured at the intersection of North Limestone and Short Street since the crosswalks were repainted, according to Lexington police records.

There were seven collisions at the intersection in 2015, eight in 2016 and one so far this year. Of those 16 accidents, only one — in July 2016 — involved a pedestrian. None of the 16 involved a fatality.

Throughout Lexington, 10 pedestrians were killed in accidents last year. So far this year, seven pedestrians have been killed.

The non-profit Blue Grass Community Foundation sponsored the crosswalk art project through a grant of about $5,000 from its Knight Foundation Donor Advised Charitable Fund. The entire project cost about $10,000 to $12,000.

It is not clear what the Federal Highway Administration might do if Lexington does not remove the rainbow crosswalks.

Gray, a Democrat, was the first openly gay candidate to seek statewide office in his unsuccessful bid for the U.S. Senate in 2016. He is considering a possible campaign next year for the 6th Congressional District seat held by Republican incumbent Andy Barr of Lexington.

Rainbow-colored crosswalks have been added in several U.S. cities, including Seattle; Philadelphia; Atlanta; Tucson, Ariz.; and Long Beach, Calif.

Those cities have not been asked by the Federal Highway Administration to remove their colorful crosswalks, according to government officials and advocates for lesbian, gay, bisexual and transgender rights.

“We have not been asked by state or federal government entities to remove any of our colored crosswalks,” said Mafara Hobson, communications director for the Seattle Department of Public Transportation.

Hobson said Seattle has several colored crosswalks, including rainbows and designs illustrated by children in front of some schools.

The Federal Highway Administration has frowned upon cities painting the inside of their crosswalks ever since making a ruling on the issue in 2001. The agency’s position is that painting inside the two horizontal white lines that define the crosswalk would “degrade the contrast of the white transverse lines against the composition of the pavement beneath it.”

After learning of the federal agency’s stance through a webinar with transportation officials in 2016, St. Louis banned artists from making crosswalk art in the city.

This story was originally published November 16, 2017 at 4:58 PM with the headline "Why do the feds care about Lexington’s rainbow crosswalks? A city official asked them."