A Conundrum for David Fernandez

Well, what do we have here folks?
- Naked Conch - Posted by Matt Gardi -  Jan 8, 2012


This would appear to be a City sidewalk.  One that seems to be graced with some art, expression or..."graffiti?!?"

First let me go on the record to state that I wish no ill will towards this establishment.  Further I would encourage this type of character and expression if I was a City leader.  Within reason of course.  It creates character, and differentiates Key West from Podunk, Iowa.  It's what attracts visitors.  We also all know that this type of expression exists all over Key West, and it's a good thing.

But it is just that "within reason" part, where City officials have the ability to exercise discretion in how they handle such instances as this...and the Virginia Street wall.  In this instance, if I were a City official, and if it is found to be that the restaurant has painted this, and it is indeed an infraction of City ordinances, I would politely ask them to remove it at their expense.  I would suggest that if they would like to express such creativity that they petition the appropriate channels for a variance to do so.  Just as with the Virginia Street wall, reason would dictate that the the issue would have been resolved in a few short days when the wall was to be torn down.

But in the instance of the Virginia Street wall, Assistant City Manager David Fernandez had a little pow wow with City Manager Jim Scholl and chose to live by the letter of the law twisted to the extreme for their bizarre rationalization defending their actions.  They deviated from "reason" and chose to expend City resources to paint a wall that would be torn down.  They chose to vindictively have those that painted the wall cited with misdemeanors of Criminal Mischief.

So there it is.  Does Fernandez have a little conference with Scholl, send in a City crew with pressure washers, have Key West Police document the damages, and then ultimately cite those who painted this on a City sidewalk with Criminal Mischief?

Or will Fernandez conclusively prove that he was selectively enforcing City ordinances in the case of the Virginia Street wall?

Or will he do us all a favor, issue a public apology, resign, and leave Sweet Tea's alone?  

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