The city’s letter to TxDOT argues the intersection at Evergreen and Main where the rainbow crosswalk is, serves as demonstrated proof of a public safety benefit.
SAN ANTONIO — The City of San Antonio is now officially requesting an exemption from the Texas Department of Transportation (TxDOT) to retain its rainbow-colored crosswalks, arguing the crosswalks have not only become a cultural symbol but also proven to be a public safety benefit.
On Oct. 8., Gov. Greg Abbott ordered municipalities to remove street markings that carry political, social or ideological messaging. Cities that fail to comply after 30 days face the risk of severing contracts with TxDOT and losing out on state funding. The deadline is Friday Nov. 7.
“To keep Texans moving safely and free from distraction, we must maintain a safe and consistent transportation network across Texas,” Abbott said in a press release.
While other cities like Houston have removed their rainbow crosswalks, San Antonio has halted any action as the city awaits a decision from TxDOT regarding the request for an exemption.
“As far as we’re concerned, the crosswalks aren’t going anywhere,” said James Poindexter of Pride San Antonio. “It symbolizes the love and acceptance of this neighborhood. It’s a symbol of all of the things that are raining down on the LGBTQ+ community right now.”
The City of San Antonio sent a formal letter to TxDOT on Wednesday, arguing that the rainbow crosswalks do not violate state or federal traffic laws. Citing the Manual on Uniform Traffic Control Devices, the city contends that “an aesthetic colored pavement not intended to communicate regulations is not considered to be a traffic control device, even if it is located between the lines of a crosswalk.”
“We wanted to make sure the language reflected that it’s the heart of the Pride Cultural Heritage District,” Poindexter said. “The city manager and city attorney were able to show the statistics of how few pedestrian incidents there have been at these intersections.”
“The rainbow-colored crosswalks, and the neighborhood and community they represent, are deeply ingrained into the culture of San Antonio, and they continue to serve as a symbol of inclusiveness and safety,” the letter states.
“The City believes an exception to the TxDOT directive is warranted because of the compelling justification that the rainbow-colored crosswalks at the intersection at N. Main Ave. and E. Evergreen St. are integral to the community and neighborhood where they are located, and are a centerpiece of San Antonio’s Pride Cultural Heritage District, one of five Cultural Heritage Districts officially designated by the city that serve as gateways to tourism and commerce in San Antonio.”
According to the letter, since the rainbow crosswalks were installed in 2018, there has been only one pedestrian injury at the intersection of Evergreen and Main.
The letter said there were two pedestrian injuries in the three years before the rainbow crosswalks were installed.
“This should serve as demonstrated proof of the public safety benefit as requested in the TxDOT letter as criteria to receive written approval for an exception to allow continued use of the crosswalks,” the letter says.
If the exemption request is denied, Poindexter noted legal action isn’t off the table and the fight will continue to preserve the crosswalks.
“If for some reason the exemption does not get accepted, we’re going to fight it,” he said. “The resolution we passed last week was to fight with any legal means available to us.”