utbagpiper
Banned
Ok, so other than discussing the risks of confronting more than a half dozen men over mere property, this thread is almost entirely off topic (hence being here rather than in the Utah section). Let me say right up front, that I don't think being pro-RKBA imposes any requirement one way or the other regarding "hate" or "bias" crime enhancement laws.
But for me, this story, as reported on KSL yesterday afternoon highlights why I personally dislike so-called "hate crime" laws. Even when such laws are written in a very content or position neutral position, their application is, all too often, very one sided.
Utah's "hate crime" law is contained at URS 76-3-203.3 and URS 76-3-203.4. It does not list protected categories, but rather defines a hate crime as a crime which in addition the crime itself, also "causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States."
Freedom of speech/expression (such as having a symbol on your truck to which someone chooses to take offense) strikes me as a right secured by the Constitution.
Anyway, long story short, a couple of friends come down to SLC from Wyoming for the Garth Brooks concert. While at the hotel they notice several men checking out their truck in the hotel parking lot. When the truck owner goes out to see what is wrong, the 6 or 7 men (who happen to be black) express offense that he has a magnet on his truck portraying the Confederate Battle Standard and toss out anti-homosexual slurs (no indication of whether the truck owner is actually homosexual). When he asks the men to move away from his truck he is assaulted.
From the article:
I think the victim's observation and question above about sums it up.
Charles
But for me, this story, as reported on KSL yesterday afternoon highlights why I personally dislike so-called "hate crime" laws. Even when such laws are written in a very content or position neutral position, their application is, all too often, very one sided.
Utah's "hate crime" law is contained at URS 76-3-203.3 and URS 76-3-203.4. It does not list protected categories, but rather defines a hate crime as a crime which in addition the crime itself, also "causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States."
Freedom of speech/expression (such as having a symbol on your truck to which someone chooses to take offense) strikes me as a right secured by the Constitution.
Anyway, long story short, a couple of friends come down to SLC from Wyoming for the Garth Brooks concert. While at the hotel they notice several men checking out their truck in the hotel parking lot. When the truck owner goes out to see what is wrong, the 6 or 7 men (who happen to be black) express offense that he has a magnet on his truck portraying the Confederate Battle Standard and toss out anti-homosexual slurs (no indication of whether the truck owner is actually homosexual). When he asks the men to move away from his truck he is assaulted.
From the article:
KSL article said:But whether the assault rises to the level of being a hate crime is something police are still investigating. As of Wednesday, Salt Lake Police Sgt. Robin Heiden said the incident did not.
"After speaking with some of the witnesses, we are leaning toward more of a simple assault than a hate crime. But that could always change as we move forward with the investigation," she said.
...
[The Victim] believes that once [the assailants] are caught, they should be charged with a hate crime.
"If the situation was reversed, and if there was a large group of white males who confronted two black gentlemen who, hypothetically, had a sticker on their vehicle that said, 'Black lives matter,' it would be dubbed a hate crime in a heartbeat. So where's the double standard there?" he asked.
I think the victim's observation and question above about sums it up.
Charles