Two men have been ordered to be released from jail after being arrested for using chalk to deface the crosswalk outside the site of the former Pulse Nightclub. According to ClickOrlando, James Houchins, 28, and Austin Trahan, 29, faced felony criminal mischief charges by the Florida Highway Patrol but have since had their charges reduced to a misdemeanor by an Orange County judge.
Houchins and Trahan were arrested after being caught on video aggressively chalking the crosswalk and writing the word ‘Resist’ on the pavement. Their actions come amidst ongoing tensions between protesters and the Florida Department of Transportation over the decision to remove the crosswalk's rainbow colors earlier this year. FDOT has been regularly washing off chalk decorations, which the protesters apply defiantly to assert their message. A spokesperson with FHP told ClickOrlando that no troopers had been stationed at the crosswalk "for several weeks," despite recent events suggesting otherwise.
The situation escalated with both Houchins and Trahan placed under arrest by FHP troopers, triggered after the Department of Transportation notified the Regional Communications Center of the incident, as reported by WFTV. The two were found at a nearby Dunkin' Donuts by Trooper Gonzalez, who described them as matching the suspects seen in the video. When approached, both denied the allegations, claiming they were simply chalking the sidewalk, rather than the crosswalk.
The legal aspect of the case hinges on the definition of a crosswalk as a traffic control device, per Florida Statute 316.0775, claiming that interference with such can constitute a crime. Blake Simons, the lawyer representing Houchins, argued that “No reasonable prudent person would also believe that it is probable that water-soluble chalk would cause over $1,000 in damage,” in a statement obtained by ClickOrlando. The argument seemed to resonate with the judge, who did not find probable cause to press felony charges.
As of the time of their release, there has yet to be any response from FDOT or FHP regarding the role of these agencies at the scene, nor on the arrests.
