Coeur d'Alene passes hate crimes law

COEUR d’ALENE — Chief Allan said when he heard that Coeur d’Alene Tribal School students were racially harassed in May in Coeur d’Alene, he wasn’t mad or angry. 

“I was embarrassed,” the Tribe chairman said. 

He said he thought such bigoted behavior was in the past. 

“We still have to deal with this kind of stuff,” Allan said to the Coeur d’Alene City Council in the Library Community Room on Tuesday. 

He called on the council to take a strong stance against racism 

“This is our home. This is all of our homes,” Allan said. “We've got to protect it."

The council agreed.

After nearly two hours of public comment and discussion, it unanimously approved a new chapter in its municipal code that creates an offense known as “hate crime, which is the commission of certain, already established crimes, but motivated by a person’s actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, gender identity, physical or mental disability, or national origin.” 

A city report said the criminalization of that behavior will enable the city to prosecute racially motivated crimes, leading to separate charges and enhanced penalties in appropriate cases. 

Intimidation, malicious injury to property, harassment, public nuisance, assault and battery, threat, disorderly conduct and conspiracy are listed as possible hate crimes.

Councilor Amy Evans said supporting the new ordinance was an easy decision. 

“We’re here to protect our community and protect the people we love,” she said, adding that “hate will not be tolerated.” 

Councilwoman Kiki Miller agreed.  

“We just can’t stand by and just remain silent,” she said. 

About 15 people urged the council to approve the law. They said doing nothing was condoning racism and, in a way, emboldening people to make racists remarks. 

Others said the city was being tarnished by racial incidents, such as the one earlier this year that drew national attention involving the University of Utah women’s basketball team, and one involving tribal students. Another racial incident involving a soccer team was also reported to police in May. 

Betsy Kovatch, vice president of Parents, Families and Friends of Lesbians and Gays in Coeur d’Alene, called the proposed law a strong step in the right direction so people can visit without fear of harassment.

Kovatch urged the council to adopt it “so everyone can feel safe and welcome in Coeur d’Alene."

Blair Williams, who owns a gallery on Sherman Avenue, said she has seen a decrease in business due to the city being stained by racism. 

She said when she asked clients why they stopped visiting, they said they don’t come to downtown Coeur d’Alene anymore because they didn’t know what might happen. 

Resident Cecil Kelly said the battle against racism won’t end in Coeur d’Alene. He said there were bigots 2,000 years ago and there will be 2,000 years from now. 

“All we can do is stand up to it,” he said. 

Two people who spoke opposed the new law. 

Ralph Ginorio said it was not the city council’s position to decide what are acceptable or unacceptable words. He called the ordinance an effort to legislate thought crime and trying to look at motives to decide if something is a crime.

“I’ll stand with anyone who wants to punish bigoted action,” Ginorio said, but he said for the city council to constrain free speech is “not a role you were elected for.” 

Marty Modance of Post Falls said, “Hate is not the issue here.”

Modance said people who live in Coeur d’Alene are sheltered from hate. 

“You want hate? Coeur d’Alene people don’t know what hate is," said Modance, adding he worked in corrections. “I have seen it.” 

City attorney Randy Adams said the ordinance does not criminalize speech, hateful beliefs or infringe on rights. He said the city is not venturing into the unknown, as there are similar laws in other cities and states. 

Adams said authorities will still have to prove their case beyond a reasonable doubt. 

A person found to have violated the law would be guilty of a misdemeanor, subject to fines, jail time, community service and would be ineligible for up to three years for any city license, permit or activity.

He said the law will hopefully educate the few out there who have stained Coeur d'Alene "that hate is not an admirable quality.” 

Councilor Dan Gookin said he researched the issue extensively to be sure freedom of speech was protected, and he was convinced that it was.  

“People still have a right to be racists,” he said, and Adams agreed. 

“This code does not outlaw racism,” Adams said. 

Mayor Jim Hammond said the ordinance against hate crimes is not a fix-all. 

"It's a smaller part of a larger campaign to change the culture of our city so that even those people who have that kind of hate will fear sharing that publicly because it’s just not acceptable in this community,” he said. 

Councilor Christie Wood said the city needs to support values that reject hate crimes. 

“I think this is the strongest step we can take to protect the citizens of this community,” she said. 

Gookin said just because the ordinance was going to pass didn’t mean things would change overnight. He said the true solution had to be communitywide and urged residents to come together and get involved.

“There’s got to be a lot more things that need to be done,” Gookin said. “It can’t just be government."