Miami Springs denies code violation, gives win to United Teachers of Dade mural

Painted on the east-facing wall of the United Teachers of Dade headquarters in Miami Springs is a young girl of color reading. A stack of books with words like equality and justice is drawn on the far side of the wall. There’s a rainbow and a Maya Angelou quote, too.

The colorful mural, commissioned by UTD last year, was the center of debate Wednesday night at the City of Miami Springs’ Board of Appeals.

At issue was whether the mural violates the city’s pre-approved color palette and whether allowing it to stay would, over time, enable others to bypass the same three color palette.

But after more than two hours of debate, the mural is here to stay. The board in a 3-2 vote denied the city staff’s assertion that the mural violated city code. With the approval, the board also agreed it would begin discussions immediately to address regulations related to murals in the city.

Mayor Maria Puente Mitchell and Councilwoman Jacky Bravo cast the dissenting votes.

UTD President Karla Hernandez-Mats applauded the outcome, saying she was pleased the board voted to “honor the public school teachers and students” of the district.

“Our teachers make sacrifices every day to provide an essential service to our community,” she said. “An evocative mural recognizing their sacrifice, while helping enhance the beauty of the City of Miami Springs seems like a fitting tribute.”

What each argued

Last year, UTD was charged with four city code violations after commissioning the mural: improper size of wall sign, improper placement and/or width of wall sign, improper construction of sign and violating the color palette code. But in November, the city of Miami Springs dismissed three of the four violations and passed a motion seeking UTD to come into compliance with the color palette code [section 93-25] within 90 days.

Earlier this month, however, the Miami Springs Board of Adjustments ruled that UTD failed to comply with the color palette and recommended the mural be taken down. The union appealed.

During Wednesday’s discussion, Javier Fernandez, a lawyer with SMGQ Law, who represented the union, argued the mural is exempt from the city’s regulations and permitting because it isn’t considered a sign. Moreover, he said, the city’s code was ambiguous as it relates to murals, and in such cases, the issue “should be resolved in favor of property owner.” (UTD purchased the building just before erecting the mural.)

The city’s defense, however, said the mural is subject to code, which makes specific reference to what is allowed and that each design is subject to review. The defense also argued the union failed to follow protocol in seeking a permit prior to painting the mural.

For her part, Mitchell said the issue was a hard one to solve. On one hand, she said, the mural was beautiful; on the other, she worried Wednesday’s decision to dismiss the city’s previous interpretation could set a precedent for future businesses to design a mural that falls outside of the city’s color palette.

“This is a really difficult decision for all of us because we were elected to represent our residents, the character of our community and the historic nature of it,” she said. “At the same token, we’re expected to be progressive. [But], we’re a city of ordinances.”

At one point of the meeting, the board contemplated continuing, or pausing, the discussion and instead focusing on updating the city’s codes as they relate to murals. But in a last minute switch, Councilman Bob Best proposed a motion to reject the city’s stance. Throughout the meeting, he had urged his colleagues to “think outside the box.”

The ultimate question, he said, is “will [this] be better for the City of Miami Springs?”

This story was originally published March 30, 2022 at 11:54 PM.